Conference Resolutions - Centre for Conveyancing Practice

RCR 40 of 2008: General Power of Attorneys – Destroy or deliver after registration
Question It is suggested that the word ‘destroyed’ alluded to in the resolution be
substituted with ‘endorsed as to the fact that it may not be used for purposes of
registration in any deeds registry’. Does Conference agree?
Resolution Yes. See RCR 40 of 2008, as amended. (RCR 40 of 2008 is amended to read
as follows:
General Power of Attorneys – Destroy or deliver after registration
Before microfilming was introduced in deeds registries the agent was left without
his/her instrument of appointment once the general power of attorney has been
registered. The remedy for him/her was to apply for a certified copy. The
question, which now arises, is whether the general power of attorney should be
endorsed as to the fact that it may not be used for purposes of registration
in any deeds registry?
Resolution The General Power of attorney must be endorsed after scanning as to the fact
that it may not be used for purposes of registration in any deeds registry.”) –
(RCR9/2011).
After registration of general Power of Attorney granted by Bank / Company - change of
name / transfer of assets
Question Can an agent appointed by a bank or company still act in terms of a power of
attorney which was granted and registered by the bank or company who
subsequently changed its name or transferred its assets to another entity?
Resolution a) Yes, the power of attorney will not terminate with a change of name; but
b) No, the power of attorney will terminate tacitly by the transfer to the new
entity which is formed - (RCR41/2008).
Revocation of General Power of Attorney by virtue of a revocation clause contained in
the new General Power of Attorney lodged for registration
Question Numerous general powers of attorney lodged for registration contain a clause
revoking an existing power of attorney. Must a separate notice of revocation be
lodged to cancel the existing general power of attorney?
Resolution No. The registration of a general power of attorney and the revocation of an
existing general power of attorney may be contained in the same document. In
this instance the document will receive a PA code which code will also be used
for purposes of the cancellation of the existing general power of attorney.
However, the revocation of an existing general power of attorney may be
contained in a separate document, constituting a separate registration act -
(RCR42/2008).
Cancellation of PA registered in more than one office
Question General powers of attorney, especially by financial institutions, are registered
separately in each deeds registry. Implementation of cancellation of powers of
attorney by financial institutions registered in multiple deeds registries poses
practical challenges.
Resolution The status quo must remain – (RCR61/2010).
February 2012 Self-Study Deeds Course
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