Agreement for the sale of a general dealer’s business to the trustees of a company to be formed
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Passing over of copyrights in relation to works that have already accrued as well as those that are yet to accrue.
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Agreement between advertiser and the agency whereby the terms of the agreement are set out when the advertiser appoints the agency as its sole advertising agency.
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Agreement between assignor and asignee whereby the terms are set out for Assignor claims to be and warrants that it is the creator of and owner of copyright.
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Agent assigns to the Principal all its right, title and interest in and to all copyright and other rights in the materials, including future copyright, as the materials are created. Such agreement containing all the clauses to make a complete agreement.
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General form providing for order by consignor for carriage of goods and acknowledgement by consignee of receipt thereof
Additional interpretation clauses
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General indemnity containing the necessary clauses such as the undertaking to pay etc.
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Power of attorney containing the necessary clauses for a valid agreement, long form.
Power of Attorney POA
A power of attorney (poa) is a formal document by which a person (“the principal") empowers/authorises another (“the agent") to conclude juristic acts on his or her behalf. A juristic act is an act whereby legal relationships are created and which has legal consequences (for example, entering into an agreement).
A power of attorney is not a contract, but rather an expression of will by the principal that the agent shall have the power to act on his or her behalf. Through signing a power of attorney the principal not only empowers the agent to act, but also indicates to third parties his or her will to be bound by acts performed by the agent.
A properly authorised agent who validly enters into a contract on behalf of another is therefore protected from any liability arising from that contract. However, if the agent is not properly authorised, the principal acquires no rights and incurs no duties in respect of that juristic act and the third party can hold that agent personally liable for breach of “warranty of authority".
A person who continues to act on an invalid power of attorney can be considered a fraudster, exposing himself or herself to legal disputes and claims.
A general power of attorney allows an agent to make numerous decisions and perform a variety of acts on behalf of the principal, including legal and financial activities.
List of Power Of Attorney (PoA):
1. General Power of Attorney
2. Deed Of Assumption Of Co-Executor
3. Power Of Attorney To Sell Immovable
4. Power Of Attorney To Register Transfer
5. Power Of Attorney To Sell And Act
6. Revocation Of Power Of Attorney
7. Power of attorney to obtain letters of executorship in an intestate estate
8. Power of attorney to buy property and sign and execute the necessary agreement of purchase, deed of sale or vendue roll
9. Power of attorney by a company in liquidation
10. Substitution arising from a power of attorney granted under another circumstance
11. Power of attorney for the appointment of an agent overseas for the collection of debts
12. General power of attorney authorising an attorney to act on behalf of an agent
13. Power Of Attorney By Usufructuary
14. Power Of Attorney To Oppose An Appeal
15. Power Of Attorney To Transfer: Sale
16. Declaration And Power Of Attorney
17. Power Of Attorney To Execute A Lease
18. Power Of Attorney To Receive Dividends
19. Power Of Attorney: Reservation Of Real rights
20. Power Of Attorney To A Foreign Agent
21. Application For A Copy Of A Power Of Attorney
22. Power Of Attorney To Dissolve A Parnership
23. Power Of Attorney To Buy Property
24. Power Of Attorney: Partition Transfer
25. Power Of Attorney For The Transfer Of Land
26. Power Of Attorney To Register Transfer
27. Power Of Attorney To Execute A Notarial
28. General Power Of Attorney Long Form
29. Power Of Attorney Concerning Litigation
30. Power Of Attorney To Transfer After Sale
31. Deed Of Assumption Of Co-Executor
32. Special Power Of Attorney And Agreement
33. Power Of Attorney To Collect Rentals
34. Power Of Attorney To Oppose An Appeal
35. Power Of Attorney To Stop Goods In Transit
36. Power Of Attorney To Partner Overseas
37. Power Of Attorney Authorising Operation
38. Power Of Attorney By One Of Two Joing Owners
39. Power Of Attorney From A Financial Institute
40. Power Of Attorney To Receive A Legacy
41. Power Of Attorney By A Trustee Going Abroad
42. Power Of Attorney To Sell Shares And Investments
43. Power Of Attorney To Pass Bond
44. Power Of Attorney To Institute An Action
Capacity of the Principal
In order for the power of attorney to be valid, the principal must have the necessary contractual capacity. In South Africa the law of agency is based upon the principle that an agent cannot do that which his principal has no capacity to do himself. In other words, one cannot authorise someone else to perform acts that you yourself do not have the capacity to perform.
Therefore, a person who cannot understand the nature and consequences of granting a power of attorney cannot validly execute such a power of attorney
The principal must be mentally competent at the time of signing the power of attorney in order to fully understand the nature and extent of the powers being transferred.
Furthermore, the principal is required to be 18 years or older to grant a power of attorney.
The Person Who is Given the Power of Attorney (the Agent)
The person who receives the legal permission to act and decide on the principal’s behalf is called the agent or the grantee, or the attorney-in- fact.
Anyone over the age of 18 can be granted power of attorney by the principal, as long as the agent is competent and trustworthy to make financial and legal decisions and sign legal documents on the principal’s behalf.
An agent can be a trusted friend, competent relative, attorney, or a financial advisor, to name a few.
Reasons and Circumstances for a Power of Attorney
A power of attorney does not necessarily imply that a person is unable to make decisions, it just means that certain circumstances or specific reasons compel him or her to make use of an agent to get things done. There are various reasons or circumstances for a person to decide to execute a power of attorney. For example:
• Emigration – South Africans often leave the country before all of their financial business and other issues are concluded. To ease and facilitate the processes, a power of attorney is signed to allow someone, still residing in South Africa, to take care of the outstanding matters. After all, it is much easier to sign a document in South Africa than to send it to a foreign country, sign it and send it back.
• When you are out of the country for an extended period and need someone to manage your legal and financial matters, such as dealing in property.
• You require a person with the expertise to assist you in situations such as:
• managing your money and bank accounts;
• buying, selling, mortgaging, and managing properties;
• handling tax queries and filing tax returns;
• entering into contracts;
• settling claims; and
• planning your estate.
• When you need an agent to perform a specific task or tasks on your behalf, for example:
• collecting your pension;
• paying your bills from your bank account;
• renewing a vehicle licence.
• You are temporarily incapacitated due to illness, injuries, or hospitalisation and are unable to perform daily tasks.
• Commonly, elderly people are compelled to grant power of attorney because of increasing frailty, too weak to physically sign documents.
A principal is not allowed to give power of attorney to a person to draft a will or initiate divorce proceedings on his or her behalf.
Requirements for a Power of Attorney to be Valid:
• Needless to say, a power of attorney is, by nature and form, a written document, signed by both the principal and agent.
• The power of attorney must clearly describe and identify the principal and agent as well as the extent of the powers granted to the agent.
• No document, procedure, or form is formally described for a power of attorney to be valid. Although, it is advisable to have a power of attorney drawn up professionally to describe the powers accurately.
• The witnesses are not allowed to gain any benefits from the power of attorney.
A principal can cancel his/her own power of attorney at any time, but it is important to note is that there are circumstances where a power of attorney terminates automatically if and when the principal :
1. dies (an executor is then appointed);
2. becomes insolvent and his/her estate is sequestrated (a trustee is then appointed); or
3. becomes mentally incapacitated in the sense of being no longer able to make his/her own decisions for whatever reason – a stroke, coma following an accident, mental illness, dementia, Alzheimer’s, general age-related diminishing capacity, and so on.
The last scenario catches most people unaware, because it seems illogical for the power of attorney to lapse just when it is needed most. But that, unfortunately, is the law.
An agent can only do what the principal can do, so if a principal loses legal capacity, the power of attorney immediately fails, or as a Department of Justice document neatly puts it: “In South Africa the power of attorney remains valid only for as long as the principal is still capable of appreciating the concept and consequences of granting another person his or her power of attorney".
R0.00 FREE
Power of attorney containing the necessary clauses for a valid agreement, short form.
Power of Attorney POA
A power of attorney (poa) is a formal document by which a person (“the principal") empowers/authorises another (“the agent") to conclude juristic acts on his or her behalf. A juristic act is an act whereby legal relationships are created and which has legal consequences (for example, entering into an agreement).
A power of attorney is not a contract, but rather an expression of will by the principal that the agent shall have the power to act on his or her behalf. Through signing a power of attorney the principal not only empowers the agent to act, but also indicates to third parties his or her will to be bound by acts performed by the agent.
A properly authorised agent who validly enters into a contract on behalf of another is therefore protected from any liability arising from that contract. However, if the agent is not properly authorised, the principal acquires no rights and incurs no duties in respect of that juristic act and the third party can hold that agent personally liable for breach of “warranty of authority".
A person who continues to act on an invalid power of attorney can be considered a fraudster, exposing himself or herself to legal disputes and claims.
A general power of attorney allows an agent to make numerous decisions and perform a variety of acts on behalf of the principal, including legal and financial activities.
List of Power Of Attorney (PoA):
1. General Power of Attorney
2. Deed Of Assumption Of Co-Executor
3. Power Of Attorney To Sell Immovable
4. Power Of Attorney To Register Transfer
5. Power Of Attorney To Sell And Act
6. Revocation Of Power Of Attorney
7. Power of attorney to obtain letters of executorship in an intestate estate
8. Power of attorney to buy property and sign and execute the necessary agreement of purchase, deed of sale or vendue roll
9. Power of attorney by a company in liquidation
10. Substitution arising from a power of attorney granted under another circumstance
11. Power of attorney for the appointment of an agent overseas for the collection of debts
12. General power of attorney authorising an attorney to act on behalf of an agent
13. Power Of Attorney By Usufructuary
14. Power Of Attorney To Oppose An Appeal
15. Power Of Attorney To Transfer: Sale
16. Declaration And Power Of Attorney
17. Power Of Attorney To Execute A Lease
18. Power Of Attorney To Receive Dividends
19. Power Of Attorney: Reservation Of Real rights
20. Power Of Attorney To A Foreign Agent
21. Application For A Copy Of A Power Of Attorney
22. Power Of Attorney To Dissolve A Parnership
23. Power Of Attorney To Buy Property
24. Power Of Attorney: Partition Transfer
25. Power Of Attorney For The Transfer Of Land
26. Power Of Attorney To Register Transfer
27. Power Of Attorney To Execute A Notarial
28. General Power Of Attorney Long Form
29. Power Of Attorney Concerning Litigation
30. Power Of Attorney To Transfer After Sale
31. Deed Of Assumption Of Co-Executor
32. Special Power Of Attorney And Agreement
33. Power Of Attorney To Collect Rentals
34. Power Of Attorney To Oppose An Appeal
35. Power Of Attorney To Stop Goods In Transit
36. Power Of Attorney To Partner Overseas
37. Power Of Attorney Authorising Operation
38. Power Of Attorney By One Of Two Joing Owners
39. Power Of Attorney From A Financial Institute
40. Power Of Attorney To Receive A Legacy
41. Power Of Attorney By A Trustee Going Abroad
42. Power Of Attorney To Sell Shares And Investments
43. Power Of Attorney To Pass Bond
44. Power Of Attorney To Institute An Action
Capacity of the Principal
In order for the power of attorney to be valid, the principal must have the necessary contractual capacity. In South Africa the law of agency is based upon the principle that an agent cannot do that which his principal has no capacity to do himself. In other words, one cannot authorise someone else to perform acts that you yourself do not have the capacity to perform.
Therefore, a person who cannot understand the nature and consequences of granting a power of attorney cannot validly execute such a power of attorney
The principal must be mentally competent at the time of signing the power of attorney in order to fully understand the nature and extent of the powers being transferred.
Furthermore, the principal is required to be 18 years or older to grant a power of attorney.
The Person Who is Given the Power of Attorney (the Agent)
The person who receives the legal permission to act and decide on the principal’s behalf is called the agent or the grantee, or the attorney-in- fact.
Anyone over the age of 18 can be granted power of attorney by the principal, as long as the agent is competent and trustworthy to make financial and legal decisions and sign legal documents on the principal’s behalf.
An agent can be a trusted friend, competent relative, attorney, or a financial advisor, to name a few.
Reasons and Circumstances for a Power of Attorney
A power of attorney does not necessarily imply that a person is unable to make decisions, it just means that certain circumstances or specific reasons compel him or her to make use of an agent to get things done. There are various reasons or circumstances for a person to decide to execute a power of attorney. For example:
• Emigration – South Africans often leave the country before all of their financial business and other issues are concluded. To ease and facilitate the processes, a power of attorney is signed to allow someone, still residing in South Africa, to take care of the outstanding matters. After all, it is much easier to sign a document in South Africa than to send it to a foreign country, sign it and send it back.
• When you are out of the country for an extended period and need someone to manage your legal and financial matters, such as dealing in property.
• You require a person with the expertise to assist you in situations such as:
• managing your money and bank accounts;
• buying, selling, mortgaging, and managing properties;
• handling tax queries and filing tax returns;
• entering into contracts;
• settling claims; and
• planning your estate.
• When you need an agent to perform a specific task or tasks on your behalf, for example:
• collecting your pension;
• paying your bills from your bank account;
• renewing a vehicle licence.
• You are temporarily incapacitated due to illness, injuries, or hospitalisation and are unable to perform daily tasks.
• Commonly, elderly people are compelled to grant power of attorney because of increasing frailty, too weak to physically sign documents.
A principal is not allowed to give power of attorney to a person to draft a will or initiate divorce proceedings on his or her behalf.
Requirements for a Power of Attorney to be Valid:
• Needless to say, a power of attorney is, by nature and form, a written document, signed by both the principal and agent.
• The power of attorney must clearly describe and identify the principal and agent as well as the extent of the powers granted to the agent.
• No document, procedure, or form is formally described for a power of attorney to be valid. Although, it is advisable to have a power of attorney drawn up professionally to describe the powers accurately.
• The witnesses are not allowed to gain any benefits from the power of attorney.
A principal can cancel his/her own power of attorney at any time, but it is important to note is that there are circumstances where a power of attorney terminates automatically if and when the principal :
1. dies (an executor is then appointed);
2. becomes insolvent and his/her estate is sequestrated (a trustee is then appointed); or
3. becomes mentally incapacitated in the sense of being no longer able to make his/her own decisions for whatever reason – a stroke, coma following an accident, mental illness, dementia, Alzheimer’s, general age-related diminishing capacity, and so on.
The last scenario catches most people unaware, because it seems illogical for the power of attorney to lapse just when it is needed most. But that, unfortunately, is the law.
An agent can only do what the principal can do, so if a principal loses legal capacity, the power of attorney immediately fails, or as a Department of Justice document neatly puts it: “In South Africa the power of attorney remains valid only for as long as the principal is still capable of appreciating the concept and consequences of granting another person his or her power of attorney".
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Document setting out the general rights relating to preference shares.
R0.00 FREE