Update Proprietorship Section - Complex Dealing

Process Steps

5.1 For a transfer of title deed, check the proprietors details, designation, consideration, date of registration and date of entry have been imported correctly and, if necessary, amend proprietorship section and application workdesk.

5.1.1 Check the 'type' field is correct (P = person, C = company, O = other)

5.2 Consider ROI information provided on application form and complete ROI search if necessary. If there is no matching entry on the ROI proceed to register as normal.

5.2.1 If there is a matching entry on the ROI, check if the entry was registered within 35 days prior to the date of registration of the deed(s) under examination.

5.2.2 If the ROI entry was registered more than 35 days from the date of registration of the deed(s) under examination contact the submitting agent regarding the entry and place the case in standover for 42 days.

5.2.3 If the ROI entry was registered within 35 days prior to the date of registration of the deed(s) under examination check the application record and identify if an advance notice was registered for the deed(s) under examination. If no advance notice was registered contact the submitting agent regarding the entry and place the case in standover for 42 days.

5.2.4 If the ROI entry was registered within 35 days prior to the date of registration of the deed(s) under examination and an advance notice was registered prior to the date of registration of the entry in the ROI continue to complete registration as normal and do not disclose the ROI entry in the title sheet. The deed under examination is still within the protected period.

5.3 If title to the whole subjects is being transferred delete the entry for the existing proprietors.

5.4 If the deed does not transfer title check if the deed under examination contains any updated information and amend the proprietors details if appropriate.

5.4.1 Add the company number and details narrated in any of the deeds under examination or the application form to the designation of a non-natural person as detailed below.

5.4.2 Check the 'type' field is correct (P = person, C = Company, O = Other).

5.5 If the proprietor is a non-natural person (e.g. a company) check the following are included in the proprietor entry or add as necessary:

• the legal system under which the proprietor is incorporated or otherwise established
• the company number if allocated in terms of Companies Act
• any other identifier (whether or not a number) peculiar to the proprietor.

5.6 If the proprietor has a right in land in a special capacity, check/enter the description of that capacity using the picklist (e.g Trustees). 

5.7 Check/enter any special destination.

5.8 Check/enter the extent of entitlement held by the proprietor (if applicable).

5.8.1 Where title is held by more than one proprietor the respective pro indiviso shares of each proprietor must be shown.

5.9 Delete existing MHA/CPA notes - if additional notes exist consider action or refer as necessary.