Registrars' Conference Resolutions - Centre for Conveyancing ...

General Power of Attorneys – Destroy or deliver after registrationBefore microfilming was introduced in deeds registries the agent was left withouthis/her instrument of appointment once the general power of attorney has beenregistered. The remedy for him/her was to apply for a certified copy. Thequestion, which now arises, is whether the general power of attorney should beendorsed as to the fact that it may not be used for purposes of registrationin any deeds registry?Resolution The General Power of attorney must be endorsed after scanning as to the factthat it may not be used for purposes of registration in any deeds registry –(RCR9/2011).16After registration of general Power of Attorney granted by Bank / Company - change ofname / transfer of assetsQuestion Can an agent appointed by a bank or company still act in terms of a power ofattorney which was granted and registered by the bank or company whosubsequently 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; butb) No, the power of attorney will terminate tacitly by the transfer to the newentity which is formed - (RCR41/2008).Revocation of General Power of Attorney by virtue of a revocation clause contained inthe new General Power of Attorney lodged for registrationQuestion Numerous general powers of attorney lodged for registration contain a clauserevoking an existing power of attorney. Must a separate notice of revocation belodged to cancel the existing general power of attorney?Resolution No. The registration of a general power of attorney and the revocation of anexisting general power of attorney may be contained in the same document. Inthis instance the document will receive a PA code which code will also be usedfor purposes of the cancellation of the existing general power of attorney.However, the revocation of an existing general power of attorney may becontained in a separate document, constituting a separate registration act -(RCR42/2008).Cancellation of PA registered in more than one officeQuestion General powers of attorney, especially by financial institutions, are registeredseparately in each deeds registry. Implementation of cancellation of powers ofattorney by financial institutions registered in multiple deeds registries posespractical challenges.Resolution The status quo must remain – (RCR61/2010).Regulation 65: Use of Copies of General Powers of AttorneyQuestionA copy of a General Power of Attorney (‘GPA’) is issued by the deeds registry offirst registration for use in another registry in accordance with regulation 65(6).Can a copy of such registered General Power of Attorney be lodged as asupporting document in another registry or must it be registered in such registry?Resolution No, the copy certified by the registrar in the first registry, issued in terms ofregulation 65(6), must be registered in subsequent registries to facilitate easyFebruary 2013Self-Study Deeds Course