SIGNING TRANSFER DOCUMENTS OVERSEAS

cater for a delay  | organize in advance




An increasing amount of our sales are for clients who are moving overseas with more people who have moved abroad, or are in the process of, are selling their properties in South Africa.  In many instances the parties involved in the transfer process, i.e the sellers, the purchasers and agents, are unaware of the challenges and reasonable delay that may be caused where the sellers need to sign transfer documents when they have already left the country.
Rule 63 of the High Court Rules states that:



Seller/s must
  1. sign the documents abroad in the presence of one of the following officials.  (see below)
  2. and The official will confirm its status and attach its seal to the documents.

WHO CAN AUTHENTICATE DOCUMENTS SIGNED OVERSEAS?

  1. The head of a South African diplomatic or consular mission or a person in the administrative or professional division of the public service, serving as a South African diplomatic, consular or trade office aboard;  or
  2. A consul-general, consul, vice-consul or consular agent of the United Kingdom or any person acting in any of the aforementioned capacities or a pro-consul of the United Kingdom; or
  3. Any Government authority of a country entitled to authenticate documents in that country; or
  4. any person in another country who can show by a certificate of any person referred to in paragraph (1), (2) or (3) of any diplomatic or consular officer of such country that he/she is duly  authorised to authenticate such document under the law of that foreign country; or
  5. A notary public in the United Kingdom of Great Britain and Northern Ireland or in Zimbabwe, Lesotho, Botswana or Swaziland. 

The reason such authentication is necessary is because transfer documents are official documents i.e.  power of attorneys (POA) and affidavits.  Be aware that not disclosing the fact that the seller is overseas and signing documents in the ordinary manner is unlawful under these circumstances and if detected by the deeds office, can result in a rejection of the transfer. 

HOW TO AVOID THE DELAY: (BE PREPARED – ORGANIZE A POA IN ADVANCE)
Sellers, who know they are in the process of selling and will move abroad, should arrange for a special power of attorney to allow a nominated person in the country to sign the transfer documents on their behalf.  Such a nominated person can be the agent, or a family member still residing in the Republic of SA.  For further information and assistance in this regard, contact our offices at allison@riviganpg.co.za.