Notarial & Conveyancing

Notarial services deals with the authentication of documents for legal purposes.

Document verification

Many government departments and other organisations require document from you that must be verified as legal and authentic for it to be recognised by them. The type of proof of authenticity varies between countries and organisations. They could require documents be notarised by a Notary Public, an Apostille certificate to be attached, or authenticated with a signature and seal.

Examples of documents which may be notarised, authenticated or legalised:

  • Birth certificates
  • Death certificates
  • Single status confirmation
  • Certificates
  • Divorce certificates
  • Police clearance certificates
  • Permission letter for minor children to travel
  • Court orders
  • Certificates
  • Powers of Attorney
  • Copies of ID documents or passports
  • Educational documents

Notarisation

 

A Notary Public is a specialist attorney with an additional qualification, admitted by the High Court. Their duties allow them to prepare and attest certain specialised legal documents, administer oaths and perform a wide range of administrative functions of a national and international nature.

Functions include and are not limited to preparation and witnessing of specialised documents such as documents for international use, deeds for registration in various public offices, wills and powers of attorney, administering oaths, witnessing signatures on affidavits, statutory declarations, certifying copied documents, noting and protesting bills of exchange and the preparation of ships protests.

For an additional fee, our notaries are available to come to you wherever you may be.

Hooker Attorneys’ notaries are ready to attend to your notarial work. Feel free to email your requirement and we will assess your instruction and provide you with a quotation and what further requirements are needed.

 

Apostille and authentication

This is the process of authenticating and notarising documents for international use. Documents affixed with the Apostille certificate may be used in countries which are party to the Hague Convention. If the country is not party to the Hague Convention, then the documents will need to be authenticated which is a slightly longer process.

Enquire now to find out whether your documents need an Apostille certificate or authentication.

Antenuptial contract

South African law provides that unless an antenuptial contract has been signed, your marriage is automatically deemed to be an in Community of Property contract. This means you and your spouse equally share the risks and benefits associated with a joint estate.

Hooker Attorneys team can assist you with:

  • Drafting a document which is specific and unique to you and your spouse.
  • Drafting a tailored contract to assist in protecting your assets and providing financial security for you and your spouse.
  • Advise and assist you with understanding the various matrimonial property systems in South Africa so you can select the one most appropriate to your situation.

Enquire now to find out what marital contract is most beneficial for you and your future spouse.

Postnuptial contract

According to South African law, couples that do not sign an Antenuptial contract are automatically deemed to be married in Community of Property. Community of Property means the spouses elect to have only one estate and both become co-owners of all their combined assets.

Couples can change their matrimonial property system from Community of Property by applying to court for a postnuptial contract. The spouses are required to jointly apply to the court for leave to change their matrimonial system applicable to their marriage.

Our team can help you evaluate the reasons to change your marital system and assist you with the legal process.

 

Frequently asked questions

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What is a Notary Public?

A Notary Public (Notary) is a specialist attorney with an additional qualification, admitted by the High Court. A Notary has the statutory and common law authority to prepare and attest certain specialised legal documents, administer oaths, and perform a wide range of administrative functions of a national and international nature.

 

What are the functions of a Notary Public?

The Notary Public’s functions include the preparation and witnessing of specialised documents such as those required for use internationally, deeds for registration in various public offices (e.g. antenuptial contracts), wills, powers of attorney, administering oaths, witnessing signatures on affidavits and statutory declarations, certifying copied documents, noting and protesting bills of exchange, and the preparation of ships’ protests.

 

What does the notarisation of a document mean?

A notarised copy of a document is a true copy of the original document.

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What rights does a consumer have in terms of the CPA?

The CPA grants consumers inter alia the following rights:

  • the right to equality in the consumer market
  • the right to choose:
  • the right to select suppliers
  • the right to choose, select & examine goods
  • the right to cancel a reservation, booking or order
  • the right to request pre-authorisation for repairs & maintenance services
  • the right to cancel direct marketing contracts
  • the general right to return goods
  • the right to disclosure & information:
  • the right to information in plain and understandable language including regarding:
  • pricing of goods & services;
  • product labelling & trade descriptions
  • product labelling of genetically modified organisms
  • disclosure of reconditioned or grey market goods
  • disclosure by intermediaries
  • identification of deliverers, installers & others
  • sales records
  • the right to fair & responsible marketing
  • the right to fair and honest dealing
  • the right to fair, just and reasonable terms and conditions
  • the right to good quality and safe goods
To what and whom does the CPA apply?

The CPA applies to every transaction, agreement, advertisement, production, distribution, promotion, sale or supply of goods or services.

The CPA also applies to the promotion and marketing of any goods or services and to suppliers of goods and services.

Certain transactions are exempt. For instance, where the goods or services could not reasonably be the subject of a transaction falling within the ambit of the CPA or where the goods or services have been exempted from the application of the CPA.

CONTACT
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    Tel: 011 880 6844