Trustee Director Legal Guidelines

Summary

In South Africa, serving as a trustee director for debenture holders is generally permissible, subject to legal requirements under the Companies Act and Trust Property Control Act. Section 22 of the Companies Act 61 of 1973 prohibits reckless business conduct. Notarial leases are long-term agreements registered against property deeds, while notarial bonds secure debts over movable property. The Registrar of Deeds can register notarial bonds over leases of both movable and immovable property. However, notarial bonds cannot be registered over immovable property itself. The phrases protected from disclosure and protected against disclosure are both legally acceptable, depending on context.

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can i say when the minors attain majority
It sounds like you're asking about a legal phrase to use when minors reach adulthood. You could say "when the minors attain majority" in legal documents. This phrase is commonly used to indicate the point at which minors become legal adults.
Do you need more information on how this might affect a particular legal situation?
other words for accordance with
Some alternatives for "in accordance with" include:
- In compliance with
- In line with
- Consistent with
- In conformity with
- As per
Is there a specific context you need help with?
what are formulated prescriptions
Formulated prescriptions typically refer to medications that are specifically prepared and dispensed by a pharmacist according to a doctor's detailed instructions.
Is there a particular legal issue you are facing related to prescriptions?
formulated prescriptions in terms of trusts
To better understand your situation, could you clarify what you mean by "formulated prescriptions in terms of trusts"? Are you asking about specific legal instructions or conditions set within a trust?
rephrase achieve a specific personal aim
It seems like you want to rephrase "achieve a specific personal aim." Here's an alternative: "attain a particular personal goal." Does that help with what you need?
in south african law is the followign permitted as a trustee director of a company as trustee for the holders of debentures
To clarify your question, are you asking if it is legally permissible in South Africa for someone to serve as a trustee director of a company in their capacity as trustee for holders of debentures?
yes
In South African law, it is generally permissible for a person to serve as a trustee director of a company for the holders of debentures. However, there are specific legal requirements and regulations that must be met, and it is advisable to consult the Companies Act, * (Act No. * of *) and the Trust Property Control Act, * (Act No. * of *) for detailed guidance.
Do you need assistance with any specific regulations or legal requirements regarding this role?
what was section * of Companies Act * of *
Section * of the Companies Act * of * in South Africa generally dealt with the prohibition of carrying on business recklessly, with gross negligence, with intent to defraud, or for any fraudulent purpose. This section aimed to ensure that company directors and officers conducted business responsibly.
Is there a specific issue or situation you're facing related to this section?
what is the difference between a notarial lease and notarial bond
A notarial lease and a notarial bond are different legal instruments in South African law:
- Notarial Lease: A long-term lease agreement that is notarized by a notary public and registered against the deed of the leased property.
- Notarial Bond: A bond registered over movable property as security for a debt, also notarized by a notary public.
Is there a specific context or situation you need more information on?
May the registrar of deeds register a notarial bond over a lease or sublease in respect of both movable and immovable property? Substantiate your answer
Yes, the Registrar of Deeds may register a notarial bond over a lease or sublease in respect of both movable and immovable property in South Africa.
- Movable Property: Under the Security by Means of Movable Property Act, notarial bonds over movable property can be registered.
- Immovable Property: Notarial bonds over leases or subleases of immovable property can also be registered, provided they are executed by a notary public and comply with required formalities.
Do you need more details on the registration process or specific legal requirements?
In reference to the information you just gave me how is a bond registered over a lease?
To register a bond over a lease in South Africa:
- The lease agreement must be notarized by a notary public.
- A notarial bond is then drafted and signed.
- The bond is lodged with the Registrar of Deeds.
- Upon approval, the bond is registered against the lease.
Is there a specific part of the process you need more details on?
can you register a notarial bond over immovable property
To directly answer your question:
- No, a notarial bond cannot be registered over immovable property itself. It is typically registered over movable property.
- However, a notarial bond can be registered over leases or subleases of immovable property, provided that these are properly executed and notarized.
Do you need more information on how to register a notarial bond over a lease of immovable property?
is it legally grammatically correct to say protected from disclosure as opposed to protected against disclosure
Both phrases are commonly used in legal contexts. "Protected from disclosure" implies prevention of information being revealed, while "protected against disclosure" suggests safeguarding against the act of revealing information. Either can be considered correct, depending on the specific context.
Is there a particular document or situation you are working on where this phrase is used?
rephrase The notary, as a draftsperson, must not only have sufficient knowledge to take instructions from the client with regard to a document that has to be prepared, but he or she must also take care to give effect to the true intention of the parties and be able to set out these instructions
The notary, as a draftsman, must possess adequate knowledge to take client instructions for document preparation, ensuring the true intentions of the parties are accurately reflected and articulated.
Is this grammatically correct *. The notary must ensure that his client understands the legal consequence of the transaction, by explaining in a manner that the client will understand, the legal principles involved.
Yes, the sentence is grammatically correct with a minor improvement for clarity:
"The notary must ensure that his client understands the legal consequences of the transaction by explaining, in a manner that the client will understand, the legal principles involved."
Would you like help with any other legal phrasing or concepts?
rephrase keeping all relevant points A formal act performed by the sheriff of the court in terms of an order for execution issued by a court and an authorising writ of execution,
A formal act carried out by the sheriff of the court based on a court-issued order for execution and an authorizing writ of execution.
Can I say this This is a formal act that a sheriff performs based on a court issued order for execution and an authorising writ of execution. This is done in fulfilment of a judgment debt by giving the judgment creditor a judicial real security right over an attached object. for a definition of attachment
Yes, you can say that. Here's a slightly refined version for clarity:
"This is a formal act performed by a sheriff based on a court-issued order for execution and an authorizing writ of execution. It fulfills a judgment debt by granting the judgment creditor a judicial real security right over the attached object."
Would you like assistance with any other legal terms or concepts?
is this correctly phrased *. A holder’s servitude must be exercised in the least prejudicial way against the owner of the servient land
Your phrasing is almost correct. Here's a slightly refined version for clarity:
"A holder’s servitude must be exercised in the least prejudicial manner against the owner of the servient land."
Is there anything else you need help with?
what is the principle of passivity
The principle of passivity typically refers to a legal doctrine where a party does not actively participate or intervene unless it is necessary. In the context of trusts, it often means that trustees should only act when required by the terms of the trust or by law, avoiding unnecessary involvement.
Would you like more information on how this principle might apply in a specific legal scenario?
ist his correct: *. Due to the principle of passivity no positive duty can be placed on the owner of servient land by a servitude
Your statement is almost correct but could be slightly refined for clarity:
"Due to the principle of passivity, no positive duty can be placed on the owner of servient land by a servitude."
Is there anything specific about servitudes or property law you need more information on?
is this correct as the definition of a personal servitude This is a type of limited real right over movable or immovable property of another, in which specific entitlements are granted to the holder in his personal capacity, such as the use and enjoyment of a thing for a specific period or as long as he’s alive.
Your definition of a personal servitude is nearly correct. Here’s a refined version for clarity:
"A personal servitude is a limited real right over movable or immovable property of another, granting specific entitlements to the holder in their personal capacity, such as the use and enjoyment of the property for a specific period or for their lifetime."
Do you need more information on the types of personal servitudes?
does this make sense Although authority exists claiming that by the conclusion of a contract of sale such knowledge must exist, as well as, from a more popular perspective, that such knowledge should exists by the moment of registration of transfer of the potential servient tenement, there still remains some uncertainty as to which moment precisely such knowledge should exist for the acquirer.
Yes, it makes sense, but it can be rephrased for clarity:
"Although some authorities claim that such knowledge must exist by the conclusion of a contract of sale, and others suggest it should exist by the moment of registration of transfer of the potential servient tenement, there remains uncertainty about the precise moment when such knowledge should exist for the acquirer."
Is there a specific legal issue you're dealing with related to this uncertainty?
REPHRASE The needs of the parties can be acceded to by the registration (*) • of a notarial agreement (*)
The parties' needs can be met by registering a notarial agreement.
Is there a specific legal matter or context you need help with regarding notarial agreements?
rephrase a servitude may be reserved if the servitude is imposed over the land which is being transferred in favour of the other land still registered in the name of the transferor (*) • or, imposed in favour of the land being transferred over the other land still registered in the name of the transferor (*)
A servitude may be reserved if it is imposed over the land being transferred in favor of the land still registered in the transferor's name or if it is imposed in favor of the land being transferred over the land still registered in the transferor's name.
Is there a specific aspect of servitudes you need more information on?
whats the difference between the two
To better understand your question, are you asking about the difference between the two rephrased sentences provided or the legal concepts mentioned in the sentences? This will help me give a more accurate answer.
whats the difference between these two A servitude may be reserved if it is imposed over the land being transferred in favor of the land still registered in the transferor's name or if it is imposed in favor of the land being transferred over the land still registered in the transferor's name. Is there a specific aspect of servitudes you need more information on?
The difference between the two phrases is the direction of the servitude's benefit:
- The first phrase: The servitude benefits the land still registered in the transferor's name.
- The second phrase: The servitude benefits the land being transferred.
Would you like more details on how these servitudes operate in practice?
does this make sense An antenuptial contract is a written contract that must be executed and attested by a notary. In such a contract, both parties must be competent to enter into a marriage/civil union, with the intention of doing so with each other, and with the main goal of regulating the matrimonial property of the marriage by way of excluding the community of property and community of profit and loss therefrom
Yes, that makes sense. Here's a slightly refined version for clarity:
"An antenuptial contract is a written agreement executed and attested by a notary. Both parties must be competent to enter into a marriage/civil union with each other. The main goal is to regulate matrimonial property by excluding community of property and community of profit and loss."
Is there a specific aspect of antenuptial contracts you need more information on?
other way to say comes into beign
You can use the phrase "comes into existence" as an alternative to "comes into being."
Is there a specific context or document where you need to use this phrase?