Suffixes for identification of Offices of the Masters of the High Court
Application of this circular and repeal of CRC 17 of 2014
1.1. The procedure relating to inter vivos trust as contained in paragraphs 2.4 and 3.1 of CRC 17 of 2014 is creating confusion. Deeds and documents are rejected in instances where a registration number of a trust that was registered prior to 15 September 2014, contains a suffix.
1.2. The purpose of this Circular is to create uniformity in deeds registries with regard to the application of Chief Master's Directive 7 of 2014 that deals with the identification of the Offices of the Masters of the High Court.
1.3. CRC 17 of 2014 is hereby withdrawn and substituted with this Circular.
2. Suffixes for inter vivos trust registrations
2.1. Letters of Authority issued in respect of trust registrations must, with effect from 15 September 2014, in terms of Chief Master's Directive 7 of 2014, contain a suffix after the registration number in order to enable the identification of the issuing office, for example IT 1/2014(G) for Johannesburg.
2.2. The trust number of trusts registered prior to 15 September 2014 will not reflect the suffix, unless an amendment has been made due to a change in such trust. In such instance the suffix will be added to the trust number indicated on the new letter of authority.
2.3. The following suffixes must be used for purposes of identifying the inter vivos trust files of the various Masters Offices:
2.4. It remains the responsibility of the conveyancer who prepares the relevant deed or document for registration, to ensure that the correct suffix is included in the trust number.
3. Effective date
3.1. All deeds and documents lodged for registration on or after 19 March 2018 must reflect the correct information. A conveyancer's certificate may be accepted to indicate the date of the registration of the trust in instances where it is uncertain whether a trust has been registered prior or after 15 September 2014.
3.2. Applications and documents, excluding deeds containing an execution clause, signed before 19 March 2018 and not reflecting the relevant suffix, may still be accepted for registration.
3.3. A conveyancer's certificate may be accepted in instances where transfer duty receipts do not reflect the relevant suffix in the trust number.
3.4. A section 4 (1) (b) application need not be lodged for the rectification of any deed that has been registered prior to the date of issuing of this circular. A factual endorsement may be made to indicate the change in addition of the suffix to registration number.