Notarial Services – OM Baloyi Inc

Our Notarial Services

As a Notary Public, we are specially trained and qualified to draft, execute, and authenticate a wide range of documents for use both locally and internationally. Below is an overview of the key services we offer.

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Apostilles and Authentication of Documents

An Apostille is a certificate that authenticates the origin of a public document, making it legally valid for use in a foreign country that is a signatory to the Hague Convention. For countries that are not part of this convention, a more extensive process of authentication is required, which may involve the Department of International Relations and Cooperation (DIRCO) and the country’s embassy.

This service is crucial for individuals and businesses requiring documents such as:

Marriage, birth, or death certificates.
Educational qualifications, like degrees and diplomas.
Police clearance certificates.
Powers of attorney.

Antenuptial Contracts (ANCs)

An Antenuptial Contract is a legal agreement signed by a couple before their marriage to define their matrimonial property regime. The contract determines how assets and liabilities will be managed during the marriage and divided in the event of divorce or death.

Marriage out of community of property: By default, in South Africa, a couple who marries without an ANC is married in community of property. An ANC is essential to choose a marital regime where each spouse retains their own separate estate.
With or without accrual: ANCs can be structured with or without the accrual system. In an “accrual” marriage, assets accumulated during the marriage are shared, while in a “without accrual” marriage, each spouse keeps their own assets acquired both before and during the marriage.

Notarial Bonds

A Notarial Bond is a type of security used to hypothecate a debtor’s movable property as collateral for a debt, without requiring the physical delivery of the property to the creditor. This allows the debtor to continue using the assets in their business while they are bonded.

Special Notarial Bonds: These bonds are registered over specific, identifiable movable assets, such as vehicles or machinery, and provide the creditor with a limited real right over the property upon registration.
General Notarial Bonds: These bonds are registered over all a debtor’s movable property, but they do not create a real right until they are “perfected” by a court order and the creditor takes possession of the assets.

Notarial Tie Agreements

A Notarial Tie Agreement is a legal document that notarially “ties” two or more properties together. This agreement, often registered against the title deeds of the properties, stipulates that the properties cannot be sold, mortgaged, or dealt with separately. The agreement is typically entered into between the property owner and an “enforcer,” which is often the local municipality or a bank.

Creation and Registration of Servitudes

A servitude is a legal right that allows one party to use or restrict the use of another’s land for a specific purpose. Notaries are responsible for the notarial execution of servitudes and their registration in the Deeds Office.

Personal Servitudes: These servitudes are granted in favor of a specific person and expire upon that person’s death or the agreed-upon duration. Examples include usufruct (the right to use and enjoy the fruits of a property) or a right of habitation (the right to live in a building).
Praedial Servitudes: These servitudes are attached to a specific piece of land (the dominant tenement) and burden another piece of land (the servient tenement). They remain in effect even if the properties are sold. Examples include a right of way over a neighbor’s property or a servitude restricting the height of a building.

Notarial Long Lease Agreements

A long lease agreement is a lease of immovable property for a period of at least 10 years, the natural life of the lessee, or an indefinitely renewable term. A notary public is required to attest and register the lease agreement in the Deeds Office. This registration grants the lessee a real right to the property, which is enforceable against the owner and all third parties for the duration of the lease.

Notarial Cessions of Rights

A cession is the transfer of a personal right from one person to another. While many cessions can be done through a simple agreement, a notarial cession is required when the right being ceded must be registered in the Deeds Office to be effective. This is particularly relevant for the transfer of a number of rights, including a right to an exclusive use area or a notarial bond. Executing the cession in the presence of a notary public ensures the document’s validity and allows for its official registration, providing legal certainty and enforceability.

Deeds of Donation

A Deed of Donation is a formal, written contract where a donor gratuitously disposes of property or waives a right in favor of a donee. A notary public can assist in the drafting and execution of these deeds, ensuring all legal formalities are met. It’s important to note that certain donations, particularly those exceeding an annual threshold, are subject to donations tax, which is payable by the donor.

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