Insolvency Act, 1936 (Act No. 24 of 1936)

Notices

Payment of Fees under Section 153(1)bis of The Insolvency Act, 1936 ; the Regulations made under section 103 of the Administration of Estates Act, 1965 (Act 66 of 1965); the Regulations made under section 15 of the Companies Act, 1973 (Act 61 of 1973); and the Regulations made under section 24 of the Trust Property Control Act, 1988 (Act 57 of 1988): Collection of Masters' prescribed fees for deceased and insolvent estates, trusts and copies of documents

Notice No. 1478 of 2009
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Notice No. 1478 of 2009

 

 

1)With the repeal of the Stamp Duties Act, 1968, and the demonetisation of revenue stamps by the South African Revenue Services (SARS) with effect from 01 November 2009, it has become necessary for the Department to have alternative methods of collecting the Masters' prescribed fees.

 

2)Since the Masters' Offices do not have collection points (cashier facilities) and due to the limited number of Masters' offices and in the interests of service delivery, the Acting Director-General has determined that the various fees referred to in -
i)sub-items (a) and (b) of item 4 of the Third Schedule to the Insolvency Act, 1936;
ii)subparagraph (2) of paragraph 1 and subparagraph (2) of paragraph 2 of Schedule 2 to the Regulations made under section 103 of the Administration of Estates Act, 1965;
iii)paragraph 5 of Annexure CM 103 to the Regulations made under section 15 of the Companies Act, 1973; and
iv)regulations 2 and 3 of the Regulations made under section 24 of the Trust Property Control Act, 1988,

which were, to date, payable by means of revenue stamps or at an office of the South African Revenue Service, are, with effect from 5 November 2009, payable at magistrates' courts or alternatively by means of a direct deposit into the following account of the Department of Justice and Constitutional Development:

 

Name of Account:

Department of Justice and Constitutional Development Vote Account Deposits

Bank:

ABSA Corporate

Account Number:

4053764491

Branch Code:

632005

Reference:

Type of service required and Master's Office, e g MOH PTA Trust (in the case of trusts), MOH PTA Copies (in the case of copies), MOH PTA Estate Number (in the case of deceased and insolvent estates)

 

3)Revenue collectors at Magistrates' Courts are therefore requested to collect the fees as indicated below and receipt same via the Vote Account.
i)In the case of deceased or insolvent Estates: The assessed fee as indicated in Annexure A
ii)In the case of trusts: R100-00
iii)In the case of copies: R4-50
iv)In the case of certified copies: R9-00

 

4)In the interests of uniformity, the following abbreviations are to be used for the 14 Masters' offices:

 

Master Bhisho:

MOH BHI

Master Bloemfontein:

MOH BFN

Master Cape Town:

MOH CT

Master Durban:

MOH DBN

Master Grahamstown:

MOH GHT

Master Johannesburg:

MOH JHB

Master Kimberley:

MOH KMB

Master Mafikeng:

MOH MFK

Master Mthatha:

MOH MTA

Master Pietermaritzburg:

MOH PMB

Master Polokwane:

MOH POL

Master Port Elizabeth:

MOH PE

Master Pretoria:

MOH PTA

Master Thohoyandou:

MOH THO

 

5)The following allocations must be used by revenue collectors at Magistrates' Courts on the Vote Account Receipt:

 

Item:

a)SERV. REND: ESTATES (M. OFFICE)

For Estates Late / Insolvent and Trusts.

b)SERV. REND: PHOTOCOPIES AND FAXES

for copies or certified copies of documents.

 

OBJECTIVE :

RECEIPTS OBJECTIVE

RESPONSIBILITY:

RELEVANT OFFICE

FUND:

MASTERS FUND REVENUE

PROJECT:

NO PRJ: STND/A REVENUE

ASSETS:

NON ASSET RELATED

REGIONAL IDENTIFIER:

NON PAY NO REG. IDENTIFIER

DESCRIPTION/REFERENCE:

REF NO / NAME OF MASTERS OFFICE, eg MOH PTA Trust (in the case of trusts), MOH PTA Copies (in the case of copies), MOH PTA Estate Number (in the case of deceased and insolvent estates).

 

6)Applicants must submit deposit slips or receipts issued to the relevant Master's office as proof of payment, together with the completed form (either Annexure A, B, or C), whichever is applicable.