Chief Registrar's Circular No. 4/2013 - Deeds Registries Act (Act No. 47 of 1937) Amendments of Regulations
The amended regulations are effective from 15 April 2013 and must be applied to all deeds lodged after such date or documents executed thereafter. To recap an earlier note about them:
1. NATURE AND/OR IMPACT OF THE AMENDMENTS
Regulation 44A(d)(ii)(aa) has been amended to remove the responsibility of the registrar of deeds to check general powers of attorney.
Regulation 44A(d)(ii)(bb) has been amended to provide for the person signing preparation clauses to take responsibility for the correctness of certain facts in respect of transactions entered into in accordance with the constitution, regulations, etc. of companies created by foreign statute.
Regulation 68(11A) has been deleted and regulations 68(11B) and 68(11C) have been inserted to bring the regulations in line with the deeds registry practice of advertising notices (in the Government Gazette) of the intention to apply for the cancellation of bonds which have been lost or destroyed, and of which the registry duplicates have also been lost or destroyed.
The provisions of regulation 73(3) are duplicated in regulation 73(2A). Regulation 73(2A) has therefore been deleted.
Forms D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, T, V, W, Z, KK, LL, MM. PP, QQ, RR, SS, VV, WW, YY, BBB, CCC, DDD, EEE, and FFF
Form SS has been amended to provide for the issuing of a certificate of registered title in instances where a sectional plan has been cancelled by an order of the Court, and land has reverted back to the land register.
The insertion of Form III is consequential to the insertion of regulations 68(11B) and 68(11C).