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Where can a get a standard power of attorney form from

Where can a get a standard power of attorney form from
Ask Your Own South Africa Law Question
Answered in 8 minutes by:
6/2/2010
JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4,502
Experience: Admitted Attorney 17 years experience
Verified

Hi

 

 

Please see a typical example below:

 

 

 

GENERAL POWER OF ATTORNEY

 

 

I, the undersigned ____________________ of (address), born on __________ do hereby appoint _________________ (___________) of (address) (hereinafter called "the Agent") to be my lawful agent for managing and transacting my business and affairs in the Republic of South Africa , with full power and authority and in my name and for my account and benefit.

 

 

1. To receive debts, gifts, legacies

To demand, sue for and recover from any person or persons all debts, sums of money and goods whatsoever which now are or which at any time hereafter may be due, owing, payable or belonging to me by any right whatsoever and also every gift and bequest which may at any time hereafter be given or bequeathed to me or otherwise become due or be payable to me and upon receipt thereof to make, sign and deliver such receipts and releases.

 

 

2. To settle accounts

To settle any account or reckoning whatsoever wherein I now am, or at any time hereafter shall be in any way interested or concerned, with any person whomsoever and to pay or receive the balance thereof as the case may require.

 

3. To collect and receive mortgage money

To collect and receive any sum of money which is or may become due and payable to me by virtue of any mortgage, pledge or other security and on receipt thereof to issue sufficient receipts and to sign and execute any release of property which shall have been mortgaged or pledged as security therefore including power to sign any consent to cancellation of any mortgage bond and to sign any cancellation of any cession of rights ceded to me by way of security and to deliver any properties pledged and delivered to me upon payment in full of the debt thus secured to the person concerned and also to consent to such alteration of the conditions of the said securities as the Agent shall think fit.

 

 

 

 

 

 

 

4. To compound or compromise claims

To compound with, or make allowance to any person in respect of the said debts or any other debt or demand whatsoever which is now, or may at any time hereafter become due or payable to me, and to receive any composition or dividend thereof, and to give receipt, releases or other discharges for the whole of the said debts, sums or demands, and to settle or compromise every such debt or demand and every other claim or dispute which may presently subsist or may hereafter arise between me and any person, and to allow time for the payment of any such debt or demand (with or without security) upon such terms as the Agent shall think fit.

 

5. To submit claims to arbitration

To submit to arbitration all claims, demands and disputes which may presently subsist or which may at any time hereafter arise between me and any person and, for the purposes of such arbitration, to make the necessary appointments and sign and execute all acts, deeds of submission or other instruments that may be necessary or usual for that purpose.

 

6. To prove in insolvency or in winding-up

To make any affidavit or other proof of any debt or debts due, or claimed to be due to me in any proceedings taken or hereafter to be taken for or in respect of the sequestration of the estate of any person or firm or in respect of the judicial management or winding-up of any company, and to attend all meetings of creditors under any such proceedings and to propose, second or vote for or against any resolution or resolutions at any such meeting, and generally to act for me and exercise any of my rights in all proceedings, whether by way of sequestration, judicial management or winding-up or composition, which may be taken against, or for the relief of any debtor of mine as the Agent shall in his absolute discretion see fit.

 

7. To defend and commence proceedings

 

 

judgment or suffer judgment to be given against me by default in such proceedings as the Agent or his advisors shall think fit, and commence any action or other legal proceedings for such relief as the Agent or his advisors shall think necessary for the recovery or protection of my property or rights and to prosecute, discontinue, abandon or compromise any such action or proceedings and to appeal against any judgment or decision of any court or tribunal in any such action or proceedings.

 

8. To collect rentals

To demand, recover and receive from all present and future tenants or occupiers of my property all rentals and sums of money payable by them from time to time and to give receipts therefore and to make to such tenants or occupiers all such allowances in respect of rates, taxes, repairs and other expenditure as may be provided for in their respective leases or as may otherwise be just and reasonable and to take all necessary steps, whether by action or otherwise, to recover any rentals or other sums of money in arrear.

 

9. To incur expenditure

To pay all rates, taxes, charges, expenses and other expenditure whatsoever payable by me on account of my property and to insure any buildings or other property thereon against loss or damage by fire and other risks as the Agent shall think necessary and desirable and to pay all premiums for such insurances.

 

10. To grant leases

 

 

 

11. To enter upon property

To enter as often as the Agent shall think fit upon my said property or any part of it to view the state of repair thereof and as the result of such view to require any tenant to remedy any want of repair or abate any nuisance existing thereon.

 

12. To enforce conditions

To enforce all conditions in any lease affecting my said property and, whenever the right to take possession of any of my property arises, whether under the conditions contained in any lease or by virtue of a notice to quit, to exercise such right and to take possession himself or by his agent, or to take legal proceedings for the ejectment of the tenant and to recover possession.

 

13. To serve notices on tenants

To give to tenants and occupiers of my property notices of termination of leases, of expropriation thereof, to repair it, or to abate any nuisance on the property concerned, and to remedy any breach of the conditions of any lease or for any other purpose whatsoever.

 

14. To cancel leases and sue for ejectment

If necessary, to cancel any lease of any of my property and to take all legal proceedings necessary in respect of such cancellation or for the ejectment of the tenant.

 

15. To make applications to authorities

To make and sign applications to the appropriate government department, provincial, local or other competent authority for all licenses, permissions and consents required by any act of parliament, provincial ordinance, municipal by-law, order, regulation or otherwise in connection with the management and improvement of my said property including the recovery of compensation, where such is recoverable, with power to give receipts and full discharges therefore.

 

16. To deal with expropriation

To oppose, or otherwise deal with any proposal or notice to expropriate any of my property or rights, or to acquire the same by compulsory purchase, or to deal with such property or rights under any statutory power of any authority and to take all necessary proceedings arising there from including any appeal in connection therewith.

 

 

17. To sell, mortgage

To sell (either by public auction or by private treaty) or exchange all or any part of my movable or immovable property (including claims and other mining rights of all kinds) for such consideration, and subject to such terms and conditions as the Agent may think fit, and to issue receipts for all or any portion of the purchase price or other consideration, with the power to mortgage, charge, pledge or otherwise deal with my movable or immovable property or any part thereof as the Agent may think fit, and to sign and execute any contract, deed of sale, declaration, power of attorney, cession or other documents as may be necessary in connection with such sale or mortgage; and also to deal with such property for the purpose of paying off, reducing, consolidating or making substitution for any existing or future mortgage, charge or pledge thereof or of any part thereof; and to consent to making any cession of, or alteration of the terms of any existing or future mortgage, charge or pledge of the same or any part thereof as the Agent shall think fit and as fully and effectually as I could have done, and, in connection with any such sale, mortgage, pledge or charge, to employ and remunerate any valuer.

 

18. To purchase or lease property

To purchase, hire or otherwise acquire such immovable property or rights therein as the Agent may think desirable and to sign and execute any contract, deed, power of attorney, lease, declaration or other documents as may be necessary in connection therewith.

 

19. To enforce mortgages and pledges

To enforce all conditions and stipulations, and to exercise any power contained in any mortgage bond in my favour as mortgagee or in any document whereby movable property is pledged to me, or any other rights conferred upon me as mortgagee or pledgee of any property and, for these purposes, to commence and prosecute any action or other proceeding in any court, to serve notices and to take any other steps which I am or shall be entitled to take to enforce the security of any such mortgage or pledge.

 

 

21. To act in connection with deceased estates

To attend meetings of persons having an interest in any deceased estate with which I may be concerned as next of kin, heir, legatee, beneficiary, creditor or otherwise; to vote for the appointment of any executor or executors dative, to do whatsoever may be required to prove any claim that I may have against such estate and generally to act for me in all matters pertaining to such estate.

 

22. To apply for shares

To make application in my name for shares in any company or syndicate, to receive such shares as may be allotted to me and to sign any memorandum or articles of association or other documents requiring the signature of members or shareholders.

 

23. To open and operate banking accounts

To open and operate any banking account in my name, to overdraw such account and to provide such security as may be required for any such overdraft.

 

24. To draw cheques, bills of exchange

 

 

25. To open and operate building society accounts

26. To make investments

To invest money on my behalf in such manner and upon such security as the Agent may think fit, to alter, vary or dispose of any of the investments as the Agent may think fit and to receive and give receipts for any income or dividend arising from such investments.

27. To borrow money

To borrow from any person or persons any sums of money which the Agent may think fit to borrow for any of the purposes of my property or affairs and on such terms and either with or without security as the Agent shall think fit.

28. To engage and dismiss servants

To engage, employ and dismiss any agents, clerks, servants or other persons in or about the performance of the purposes of this deed as the Agent may think fit and to pay to such persons such wages, salary, commission, bonuses or other remuneration as the Agent shall think proper, and to insure against any liability to any workmen or servants arising under any statute or otherwise.

 

29. To pay household and other expenses

To pay so much of my income as the Agent shall think fit in discharge of my ordinary domestic expenses and in the maintenance of my family and household and, in case of necessity, to apply capital for such purposes, the decision whether any such necessity has arisen being in the sole and absolute discretion of the Agent.

 

30. To pay subscriptions

In the Agent's discretion to pay such subscriptions to charities, clubs and professional, social or other associations as I have been in the habit of paying and to make such other payments by way of charity as in the circumstances the Agent shall believe that I would have made had I been present.

 

31. To execute deeds

To sign and execute any deed or instrument in writing for all or any of the purposes of this deed or otherwise as effectually as I might or could do if personally present.

 

32. To choose domicilium citandi et executandi

To choose domicilium citandi et executandi on my behalf.

 

33. To do all necessary acts

 

In general to do and suffer all acts and execute all deeds whatsoever in or about my property and affairs, and concur with persons jointly interested with myself therein, doing and suffering all acts and executing all deeds herein either particularly or generally described, as amply and effectually to all intents and purposes as I could do in my own person if this deed had not been made.

 

34. Power to appoint substitutes

I hereby grant to the Agent power to appoint a substitute or substitutes, and as the Agent deems fit to displace or remove the same and appoint another or others.

 

 

 

 

 

 

SIGNED at (place) on this (day, month, year) in the presence of the undersigned witnesses.

 

 

 

Witnesses:

1

 

 

2

 

 

(Signatures of witnesses)

 

(Signature of principal)

 

 

Regards

 

Johann

 

 

Ask Your Own South Africa Law Question

Hi

 

 

Please see a typical example below:

 

 

 

GENERAL POWER OF ATTORNEY

 

 

I, the undersigned ____________________ of (address), born on __________ do hereby appoint _________________ (___________) of (address) (hereinafter called "the Agent") to be my lawful agent for managing and transacting my business and affairs in the Republic of South Africa , with full power and authority and in my name and for my account and benefit.

 

 

1. To receive debts, gifts, legacies

To demand, sue for and recover from any person or persons all debts, sums of money and goods whatsoever which now are or which at any time hereafter may be due, owing, payable or belonging to me by any right whatsoever and also every gift and bequest which may at any time hereafter be given or bequeathed to me or otherwise become due or be payable to me and upon receipt thereof to make, sign and deliver such receipts and releases.

 

 

2. To settle accounts

To settle any account or reckoning whatsoever wherein I now am, or at any time hereafter shall be in any way interested or concerned, with any person whomsoever and to pay or receive the balance thereof as the case may require.

 

3. To collect and receive mortgage money

To collect and receive any sum of money which is or may become due and payable to me by virtue of any mortgage, pledge or other security and on receipt thereof to issue sufficient receipts and to sign and execute any release of property which shall have been mortgaged or pledged as security therefore including power to sign any consent to cancellation of any mortgage bond and to sign any cancellation of any cession of rights ceded to me by way of security and to deliver any properties pledged and delivered to me upon payment in full of the debt thus secured to the person concerned and also to consent to such alteration of the conditions of the said securities as the Agent shall think fit.

 

 

 

 

 

 

 

4. To compound or compromise claims

To compound with, or make allowance to any person in respect of the said debts or any other debt or demand whatsoever which is now, or may at any time hereafter become due or payable to me, and to receive any composition or dividend thereof, and to give receipt, releases or other discharges for the whole of the said debts, sums or demands, and to settle or compromise every such debt or demand and every other claim or dispute which may presently subsist or may hereafter arise between me and any person, and to allow time for the payment of any such debt or demand (with or without security) upon such terms as the Agent shall think fit.

 

5. To submit claims to arbitration

To submit to arbitration all claims, demands and disputes which may presently subsist or which may at any time hereafter arise between me and any person and, for the purposes of such arbitration, to make the necessary appointments and sign and execute all acts, deeds of submission or other instruments that may be necessary or usual for that purpose.

 

6. To prove in insolvency or in winding-up

To make any affidavit or other proof of any debt or debts due, or claimed to be due to me in any proceedings taken or hereafter to be taken for or in respect of the sequestration of the estate of any person or firm or in respect of the judicial management or winding-up of any company, and to attend all meetings of creditors under any such proceedings and to propose, second or vote for or against any resolution or resolutions at any such meeting, and generally to act for me and exercise any of my rights in all proceedings, whether by way of sequestration, judicial management or winding-up or composition, which may be taken against, or for the relief of any debtor of mine as the Agent shall in his absolute discretion see fit.

 

7. To defend and commence proceedings

 

 

judgment or suffer judgment to be given against me by default in such proceedings as the Agent or his advisors shall think fit, and commence any action or other legal proceedings for such relief as the Agent or his advisors shall think necessary for the recovery or protection of my property or rights and to prosecute, discontinue, abandon or compromise any such action or proceedings and to appeal against any judgment or decision of any court or tribunal in any such action or proceedings.

 

8. To collect rentals

To demand, recover and receive from all present and future tenants or occupiers of my property all rentals and sums of money payable by them from time to time and to give receipts therefore and to make to such tenants or occupiers all such allowances in respect of rates, taxes, repairs and other expenditure as may be provided for in their respective leases or as may otherwise be just and reasonable and to take all necessary steps, whether by action or otherwise, to recover any rentals or other sums of money in arrear.

 

9. To incur expenditure

To pay all rates, taxes, charges, expenses and other expenditure whatsoever payable by me on account of my property and to insure any buildings or other property thereon against loss or damage by fire and other risks as the Agent shall think necessary and desirable and to pay all premiums for such insurances.

 

10. To grant leases

 

 

 

11. To enter upon property

To enter as often as the Agent shall think fit upon my said property or any part of it to view the state of repair thereof and as the result of such view to require any tenant to remedy any want of repair or abate any nuisance existing thereon.

 

12. To enforce conditions

To enforce all conditions in any lease affecting my said property and, whenever the right to take possession of any of my property arises, whether under the conditions contained in any lease or by virtue of a notice to quit, to exercise such right and to take possession himself or by his agent, or to take legal proceedings for the ejectment of the tenant and to recover possession.

 

13. To serve notices on tenants

To give to tenants and occupiers of my property notices of termination of leases, of expropriation thereof, to repair it, or to abate any nuisance on the property concerned, and to remedy any breach of the conditions of any lease or for any other purpose whatsoever.

 

14. To cancel leases and sue for ejectment

If necessary, to cancel any lease of any of my property and to take all legal proceedings necessary in respect of such cancellation or for the ejectment of the tenant.

 

15. To make applications to authorities

To make and sign applications to the appropriate government department, provincial, local or other competent authority for all licenses, permissions and consents required by any act of parliament, provincial ordinance, municipal by-law, order, regulation or otherwise in connection with the management and improvement of my said property including the recovery of compensation, where such is recoverable, with power to give receipts and full discharges therefore.

 

16. To deal with expropriation

To oppose, or otherwise deal with any proposal or notice to expropriate any of my property or rights, or to acquire the same by compulsory purchase, or to deal with such property or rights under any statutory power of any authority and to take all necessary proceedings arising there from including any appeal in connection therewith.

 

 

17. To sell, mortgage

To sell (either by public auction or by private treaty) or exchange all or any part of my movable or immovable property (including claims and other mining rights of all kinds) for such consideration, and subject to such terms and conditions as the Agent may think fit, and to issue receipts for all or any portion of the purchase price or other consideration, with the power to mortgage, charge, pledge or otherwise deal with my movable or immovable property or any part thereof as the Agent may think fit, and to sign and execute any contract, deed of sale, declaration, power of attorney, cession or other documents as may be necessary in connection with such sale or mortgage; and also to deal with such property for the purpose of paying off, reducing, consolidating or making substitution for any existing or future mortgage, charge or pledge thereof or of any part thereof; and to consent to making any cession of, or alteration of the terms of any existing or future mortgage, charge or pledge of the same or any part thereof as the Agent shall think fit and as fully and effectually as I could have done, and, in connection with any such sale, mortgage, pledge or charge, to employ and remunerate any valuer.

 

18. To purchase or lease property

To purchase, hire or otherwise acquire such immovable property or rights therein as the Agent may think desirable and to sign and execute any contract, deed, power of attorney, lease, declaration or other documents as may be necessary in connection therewith.

 

19. To enforce mortgages and pledges

To enforce all conditions and stipulations, and to exercise any power contained in any mortgage bond in my favour as mortgagee or in any document whereby movable property is pledged to me, or any other rights conferred upon me as mortgagee or pledgee of any property and, for these purposes, to commence and prosecute any action or other proceeding in any court, to serve notices and to take any other steps which I am or shall be entitled to take to enforce the security of any such mortgage or pledge.

 

 

21. To act in connection with deceased estates

To attend meetings of persons having an interest in any deceased estate with which I may be concerned as next of kin, heir, legatee, beneficiary, creditor or otherwise; to vote for the appointment of any executor or executors dative, to do whatsoever may be required to prove any claim that I may have against such estate and generally to act for me in all matters pertaining to such estate.

 

22. To apply for shares

To make application in my name for shares in any company or syndicate, to receive such shares as may be allotted to me and to sign any memorandum or articles of association or other documents requiring the signature of members or shareholders.

 

23. To open and operate banking accounts

To open and operate any banking account in my name, to overdraw such account and to provide such security as may be required for any such overdraft.

 

24. To draw cheques, bills of exchange

 

 

25. To open and operate building society accounts

26. To make investments

To invest money on my behalf in such manner and upon such security as the Agent may think fit, to alter, vary or dispose of any of the investments as the Agent may think fit and to receive and give receipts for any income or dividend arising from such investments.

27. To borrow money

To borrow from any person or persons any sums of money which the Agent may think fit to borrow for any of the purposes of my property or affairs and on such terms and either with or without security as the Agent shall think fit.

28. To engage and dismiss servants

To engage, employ and dismiss any agents, clerks, servants or other persons in or about the performance of the purposes of this deed as the Agent may think fit and to pay to such persons such wages, salary, commission, bonuses or other remuneration as the Agent shall think proper, and to insure against any liability to any workmen or servants arising under any statute or otherwise.

 

29. To pay household and other expenses

To pay so much of my income as the Agent shall think fit in discharge of my ordinary domestic expenses and in the maintenance of my family and household and, in case of necessity, to apply capital for such purposes, the decision whether any such necessity has arisen being in the sole and absolute discretion of the Agent.

 

30. To pay subscriptions

In the Agent's discretion to pay such subscriptions to charities, clubs and professional, social or other associations as I have been in the habit of paying and to make such other payments by way of charity as in the circumstances the Agent shall believe that I would have made had I been present.

 

31. To execute deeds

To sign and execute any deed or instrument in writing for all or any of the purposes of this deed or otherwise as effectually as I might or could do if personally present.

 

32. To choose domicilium citandi et executandi

To choose domicilium citandi et executandi on my behalf.

 

33. To do all necessary acts

 

In general to do and suffer all acts and execute all deeds whatsoever in or about my property and affairs, and concur with persons jointly interested with myself therein, doing and suffering all acts and executing all deeds herein either particularly or generally described, as amply and effectually to all intents and purposes as I could do in my own person if this deed had not been made.

 

34. Power to appoint substitutes

I hereby grant to the Agent power to appoint a substitute or substitutes, and as the Agent deems fit to displace or remove the same and appoint another or others.

 

 

 

 

 

 

SIGNED at (place) on this (day, month, year) in the presence of the undersigned witnesses.

 

 

 

Witnesses:

1

 

 

2

 

 

(Signatures of witnesses)

 

(Signature of principal)

 

 

Regards

 

Johann

 

 

JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4,502
Experience: Admitted Attorney 17 years experience
Verified
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Category: South Africa Law
Satisfied Customers: 4,502
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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