A Guide to Completing the Documents
1. The documents are arranged by subject in sections 1 to 10 as listed on the contents pages.
2. Every section is introduced by a series of explanations relating to each document. they should be studied carefully to identify the document/s most suitable for a particular transaction.
3. Once you have made your choice make a copy, on your letterhead if required, and return the original to the file for future use. customise your copy of the document for your particular needs.
4. Many of the documents have specific instructions. they are there for your protection so follow them carefully. make quite certain that all blank spaces (i.e. dates, amounts and names) are filled in correctly, or deleted if not required.
5. If a document includes unnecessary terms, be sure to delete them and add those required, either to the existing document or in the form of an annexure. All parties should initial any such addition or change, as well as all attached pages. in the case of companies, the necessary resolution must be provided with the authorised signature.
6. A company should retain all documents for a minimum period of three years. Generally, legal action in respect of claims must be taken in this time or such claims will become unenforceable. tax requirements, however, oblige a business to maintain its records for five years.
7. Ensure that revenue stamps are affixed to the forms requiring stamping as indicated on each form. the amount of stamp duty is subject to change from time to time and the relevant forms have been marked in accordance with the tariff of the stamp duties Act 77 of 1968 as amended. if in doubt about the amount of revenue stamps to be used, the office of the Receiver of Revenue will assist in assessing the stamp duty. there is usually an official at each Revenue office whose task it is to assess the stamp duty. In order to avoid penalties accruing, the stamping should be attended to on signature of the relevant form and the revenue stamp cancelled by the parties initialling and dating it, or by having the Receiver of Revenue cancel the revenue stamp. An attorney should be consulted if this procedure cannot be complied with.
8. Where an agreement does not specify the manner in which written communications between parties are to be despatched, it is advisable to send important communications by registered post to provide proof of despatch and receipt.
9. When in doubt about the precise meaning of legal terms, refer to the legal Glossary.
10. If you are dealing with substantial amounts of money, or a complex agreement, it is advisable to ask your attorney to check your completed document