Emigrating? Have you signed a Special Power of Attorney?

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April 23, 2019

We attend to a lot of transfers where the Owners have or are about to emigrate.

Any document executed in any place outside the Republic of South Africa has to be sufficiently authenticated, in other words the verification of any signature thereon.

Without elaborating on this point but generally speaking one of the following organizations can authenticate a document i.e.:

  1. of the head of South African diplomatic or consular mission or a person in the Administrative or professional division of the public service serving at a South African diplomatic, consular or trade office abroad or
  2. of a consul-general, consul, vice-consul or consular agent of the United Kingdom or
  3. of any Government authority of such foreign place charged with the authentication of documents under the law of that foreign country; or
  4. of a notary public in the United Kingdom of Great Britain and Northern Ireland or in Zimbabwe, Lesotho, Botswana or Swaziland; or
  5. of a commissioned officer of the South African Defence Force.

Needless to say to have a document authenticated can take a lot of your time and it is costly.

To overcome this problem the Seller needs to sign a SPECIAL POWER OF ATTORNEY while he/she is still here in South Africa.

So then what is a special power of attorney?

Special power of attorney is a written authorization that grants an agent (a person) the authority to act on behalf of the principal (the person granting this authority) under certain, specified circumstances.

How can we help?

To help home owners, JAN L JORDAAN Inc. are prepared to assist with the drawing up of such a SPECIAL POWER OF ATTORNEY at no charge. (No obligation to nominate us as the conveyancers).

We would need both the owner’s details as well as the agent (person) who he/she wants to nominate; that is full names, Identity number and how he/she is married i.e. In community or out of community of property, or unmarried as well as the property description.

Please send the details to info@janljordaan.co.za

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)