Have you ever had to sign or legalise documents within South Africa for use abroad or vice versa. There are legislated conditions to be met when a document to be used in South Africa, is signed outside South Africa. This impacts documents to be used in a property transfer transaction.
Use this guide to ensure that your documents are legally valid and does not delay the transaction through re-signing and non-compliance with South African legislation and in particular Deeds Office regulations.
Rule 63 of the High Court lays down the following procedure for the proper authentication of documents:
1. Should the document be executed in anyone of the following countries –
it may be authenticated by a Notary public.
2. Should the document be authenticated anywhere else in the world, such documents must be authenticated by one of the following –
In addition an authentication certificate, signed by the above person(s) must be attached to the documents.
3. Should the document be authenticated by a member state of The Hague, such document must be authenticated by one of the following –
In layman’s terms, it needs to be signed in the PRESENCE of one of the above and as follows –
Raymond Scott |Consultant | Real Estate Law