Chief Registrar's Circular No. 6 of 2011
Impact of certain provisions of the Companies Act (Act 71 of 2008), as amended by the Companies Amendment Act (Act 3 of 2011) on the following deeds registration procedures.
- Criteria for names of companies with regard to expressions at the end of a name of a company and the requirement of a factual endorsement reflecting the change when registering a mortgage bond or transferring a property from that company..
- Issuing of registration certificate and changing/amendment of company's name
- Endorsement of deed to reflect a change in name of a company - Registrar of Deeds has an obligation to endorse deeds and documents regarding the change of name of a company.
- Conversion of close corporations to companies - Endorsement of the relevant deeds.
- Conversion of a company to a close corporation (applied for before 1 May 2011 but not fully addressed) shall be regarded as pre-registered.
- Implementation of amalgamation or merger of companies - sufficient proof of necessary to effect transfer of the registration of property, and the requirement of an endorsement to effect such transfer.
- Registration of "external companies" - need to register before mortgage/notarial bonds can be registered in their favour.