Registrars' Conference Resolutions - Centre for Conveyancing ...

Abbreviation of registration number companies, close corporations, trusts, etc.Question There are different kinds of abbreviations used in respect of the words“registration number” in deeds and documents, for example: Reg number,Registration No. What is acceptable?Resolution Abbreviations with regard to the words “registration number” of companies, closecorporations, trusts etc. are not permissible in deeds and documents tenderedfor registration – (RCR14/2008).6RCR 31 of 2006 and RCR 14 of 2008: Use of Abbreviations in deeds and documentsQuestion RCR 14 of 2008 does not allow for the use of certain abbreviations. However,the said practice is permitted in terms of the provisions of section 11 of theCompanies Act No. 71 of 2008. Should RCR 14 of 2008 be withdrawn?Resolution No, RCR 14 of 2008 is confirmed – (RCR14/2012). 8Item 2 – TrustsBewind trustQuestion How must a “bewind trust” be described in deeds and documents?Resolution It must be described in the same manner as any other mortis causa or intervivos trust (see the definition of ‘trust’ in the Trust Property Control Act, 1998(Act 57 of 1998)) – (RCR21/2012).Item 6 - Insolvent estates (natural persons)QuestionHow must the preamble of a deed of transfer be couched, where property isregistered in the names of A, married out of community of property, and B,married out of community of property, and the trustee in the insolvent estate of Aalso sells the property belonging to B (being the spouse of A), in terms of section21(3) of the Insolvency Act, 1936?Resolution The trustee in the insolvent estate of AIdentity number ...Married out of community of propertyand acting in terms of section 21(3) of Act 24 of 1936in the insolvent estate ofBIdentity number ...Married out of community of property - (RCR46/2009). 9Paragraph 4.4The causa clauseQuestionWhere land formed an asset in a joint estate and the parties divorced andsubsequent to the divorce the spouses amended the agreement withoutprejudice to third parties and together sell the land, must the causa of the89Only the instances referred to in RCR31/2006, namely identity number and in RCR14/2008 may not beabbreviated.The spouse of the insolvent must also be cited, as it is deemed that he/she is also insolvent for purposes of theInsolvency Act, unless the trustee gives a disclaimer in respect of the property registered in the name of suchspouse.February 2013Self-Study Deeds Course