Deeds Registries Act, 1937 (Act No. 47 of 1937)

Chapter V : Bonds

Notarial Bonds

62. Where notarial bond is to be registered
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(1)Save as provided in subsections (3) and (4), every notarial bond shall be registered in the deeds registry for the area in which the debtor resides and carries on business, or if he resides and carries on business in areas served by different deeds registries, in the deeds registry for the area in which he resides and in every deeds registry serving any area in which he carries on business: Provided that notarial bonds passed in Natal in pursuance of the Notarial Bonds (Natal) Act, 1932 (Act No. 18 of 1932), irrespective of whether the debtor resides or carries on business in Natal, shall be sufficiently registered for the purposes of this Act if registered in the deeds registry at Pietermaritzburg.

[Section 62(1) substituted by section 29 of Act No. 43 of 1957]

 

(2)Registration of a notarial bond in accordance with the provisions of subsection (1) shall be effective as registration for the whole Republic.

 

(3)Registration of a notarial bond in the deeds registry for any area in which the debtor resides or carries on business shall be effective for such area.

 

(4)Registration of a notarial bond executed by a company incorporated with limited liability or a close corporation shall, if the bond is registered in the deeds registry for the area in which the registered office of such company or close corporation is situated at the date of the registration of such bond, be effective as registration for the whole of the Republic.

[Section 62(4) substituted by section 18 of Act No. 14 of 1993]

 

(5)A notarial bond which is required to be registered in more than one deeds registry shall be registered in the first registry within the period prescribed by subsection (1) of section sixty-one, in the second registry within an additional period of one month and in each successive registry within a further period of one month.

 

(6)For the purpose of registration in the other registries it shall be sufficient if the original bond registered in the first registry is produced together with a further duplicate or grosse or a copy thereof certified by a notary public for filing in the registry concerned: Provided that where a deeds registry uses a filing process referred to in section 3(3), it shall not be necessary to produce a further duplicate, grosse or certified copy of such bond: Provided further that in the event of simultaneous registration in more than one deeds registry being necessary, the registrars in respect of the other registries may each accept one duplicate or grosse or a copy thereof certified by a notary, for registration, and on production of the original bond registered in the first registry, shall endorse thereon the facts of registration in such other registries, and similarly record on the registry duplicate facts of registration in other registries.

[Section 62(6) substituted by section 2 of Act No. 15 of 1953]