Registrar’s Circular No. 3 of 2015
Application Procedure: Regulation 68(1)
With effect from 22 June 2015 the current procedure for the issuing of copies in terms of Regulation 68(1) Act 47/1937 is amended as set out hereunder.
Copies of deeds will be produced prior to the lodgment of the application for examination in accordance with the following procedure:
1.Conveyancers must complete the application form at the Information section. Indicate clearly “VA for Deed Number ..........”
2. Attach a signed copy of the affidavit in terms of Regulation 68(1).
3. Place documents in a cover with a barcode and place in the tray marked VA at the information section.
4. The new VA process commences 22 June 2015.
5. The Deeds Office will process the request as follows:
- Make a copy duly endorsed in terms of Reg 68(1) within 7 working days of receipt of the request.
- Debit the account of the conveyancing firm for an Information copy.
- Payment in cash must be made prior to the issue of the copy.
- Deliver the copy in the delivery box of the firm.
6. It is the responsibility of the conveyancer to lodge the VA application for examination and registration.
- a. The normal examination process will be followed.
- The VA copy once registered will be billed in accordance with the schedule of fees.
7. RC1/2007 and RC2/2009 are withdrawn effective 30 June 2015, which has the effect that:
- VA's can be lodged with other transactions.
- The 15 day turnaround for the processing of VA's is no longer applicable.
- Non-compliance with this circular will result in the rejection of applications as from 1 July 2015.
What is interesting to note is that the Deeds Office now generates an additional R70-00 per VA application without any extra effort. Conveyancers are now billed R60-00 for the issue of the copy, R10-00 search fee and then R370-00 for the VA copy, Clients will pick up the tab for the extra R70-00 while the only beneficiary will be the Deeds registration trading account.
I noticed that Jacques! I was waiting on our clerks to clarify whether there would be an additional R370 or not. Just to clear up the lodgement procedure, as there was great confusion at the DO with this! As we understand, when you get your "certified copy" back" (which they are getting back to you in 2 days at the moment) and you need to lodge as a simple lost copy, that cover just goes back in with the original Regulation 68(1) application and gets registered in the regular manner. I wonder if these will still be expedited or if they will follow the tedious regular delivery system.
Further if they are required as a replacement for an imminent transaction, this VA cover with the ORIGINAL Reg 68(1) application, duly prepped and slotted into the said cover is then lodged and registered together with your other deeds and as a part of your normal linking. On a positive note, we are getting those fantastic deeds office searches back in the cover, i.e. the one that shows the date of the establishment of the body corporate etc, so this could be a bonus for prepping!
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