We did it in 2014

We did it in 2014!  - both partners of Mc Naught and Company got married: Mark and Lisa in Paris earlier in the year and Dave and Llewellyn in New Zealand in December on the beach in the Bay of Islands. We also saw our Articled Clerks, Mika get admitted as an Attorney and Conveyancer during the year and Guy similarly qualified for admission as an Attorney. Congrats all.

Well done also to the staff at our Toti office for registering  Mc Naught and Co’s biggest sectional title scheme of 72 units at the end of November and for Jay and Mark at the Bluff office for shaving weeks off their conveyancing turnaround times this year.

Another Partner ties the knot!

Congratulations to Partner Dave Mc Naught and Llewellyn Anderson on their marriage today! Dave and Llewellyn ventured off to New Zealand to tie the knot and picked an idyllic location to do so!

Dave and Llewellyn on their wedding day

Wishing you both all the best of long-term happiness!

Acutts agent Mike takes to the skies

Acutts Bluff agent, Mike Borstlap, took to the Durban skies last week with Mc Naught and Company.

Mike got to see the Bluff area which he sells in as well as had a flight over the Acutts Bluff office.

Mike Borstlap with the Durban Skyye Flight School Sling 2 ZU-FYA. Mc Naught and Company partner Dave Mc Naught is a co-owner of Durban Skyye Flight School.

Win a flight in a Sling Airplane

PropCare have recently launched their mobile app which enables you to find a property specialist in your area.. from plumbers, electricians and maintenance guys to conveyancing attorneys and real estate agents. Durban Skyye Flight School and Mc Naught and Company Durban Attorneys have teamed up with PropCare to offer this competition prize of a flight over Durban in our Sling Aircraft. To enter, click on the link to their webpage here and follow the instructions.

This is what we do..

Amanzimtoti Staff

Here's the hard-working bunch that are keeping the Toti office of Mc Naught and Co spinning - Partner Dave Mc Naught, Professional Assistant and Attorney Mika, Sharon and Candice and in the bottom photo we are joined by Patricia.

 

Surrogacy Agreements

The instances of couples, where one is infertile or in same-sex relationships, taking on a surrogate mother for their future child are growing in South Africa. It is important for the sake of the biological mother, the couple and the child that adequate protection exists for the respective interests of all. This has been recognised by the Government here.

 

Children's Act

 

Surrogate motherhood agreements are governed by the Children's Act 38 of 2005. Section 292 requires such an agreement to be in writing, signed by all parties and confirmed by the High Court.

 

Section 296 (1) (a) provides: "No artificial fertilisation of the surrogate mother make take place.. before the surrogate motherhood agreement is confirmed by the Court". Furthermore there is also section 303 (1) which provides: "No person may artificially fertilise a woman in the execution of a surrogate motherhood agreement or render assistance in such artificial fertilisation, unless that fertilisation is authorised by a court in terms of the provisions of the Act." In terms of section 305 (1) (b) read with 305 (6) - (7) carrying out an artificial fertilisation contrary to the provisions of the Act is a punishable offence. (Acknowledgement to de Rebus)

 

We can help

 

Clearly it is in the interests of all parties contemplating surrogacy that they get correct legal advice before taking the next step. We at Mc Naught and Company are able to provide such a service and help you get started with the family you have always wanted.

 

Get your FREE will

It's national Wills Week and you can get yours free now through Mc Naught and Company and other participating attorneys. Download one off our website link or call in to draft your free will. http://maclaw.co.za/estates.php

 

 

Tribute to VAL

Val Herbert, who retired from our office at the end of last year at the ripe old age of 77, having worked for over 20 years as our bond registration specialist, has passed away after a short illness.

 

We pay tribute to Val for her tireless, loyal and dedicated work over all those years. Val loved a party and we had many with her dancing around the pole, enjoying our sea cruises and being the life of the party. She was reknowned for her expertise in registering mortgage bonds for the banks and routinely had Mc Naught and Company up in Standard Bank's top-10 for registration efficiency in Kwa-Zulu Natal. An avid bowler she will also be sorely missed by her friends at Wentworth Bowling Club where she notched up several victories over the years.

 

Val Herbert (right) seen with Molly, partner Dave's Mom, who is another long-standing Staff member

Val Herbert (centre) at a company function with Marlene (left) and partner Mark Leathers (right)

Wedding Bells

The romantic destination of Paris, France, was the setting Partner Mark and Lisa chose for their wedding yesterday. Perhaps the peals of the bells of Notre Dame could be heard and the backdrop of the Eifel Tower made a fitting setting for the marriage.

The staff at Mc Naught and Company join in congratulating Mark and Lisa on their wedding and wish you both great happiness in your life together.

Lisa and Mark in Paris for their wedding

The beautiful Eifel Tower at night

Best Attorneys in the South

Another prestige award for Mc Naught and Company, scooping the Absolute Best Readers' award in the Sun Newspapers group Best Legal Services category.

In the photo Partner Dave Mc Naught and his Candidate Attorney from the Bluff Office receive the award at an awards event at the Bluff National Park Golf Club this evening.

Congratulations to the hardworking staff at our offices who have made this award possible again this year, having received the award for a few years since the competition began.

Dave Mc Naught and Guy Hankinson receive Mc Naught and Company Attorneys Best Legal Services Readers' Award from the Sun Newspaper group.

Property Developments: Emzini Mews and Cupido Gardens

Ivan Pretorius, Property Developer of the Emzini Mews development of 50 units in Athlone Park Mc Naught and Company are handling as conveyancers for the sectionalisation and transfer, took this photo from the air of the completed development.

The Emzini Mews development in Athlone Park.

Cupido Gardens phase 2 is presently under construction

Mc Naught and Company are also processing sales agreements for the developer's 2nd project locally, this one in Woodhurst, Chatsworth.

Mika is a new Attorney and Conveyancer

Congratulations to Mika from our Amanzimtoti office who was admitted to practice as an Attorney and Conveyancer simultaneously on Friday 6 June. The three judges of the full bench of the High Court in Pietermaritzburg enthused that it was unusual for a double admission as both an attorney and conveyancer.  

Articles

Mika served her 2 years Articles with Dave and was did both general law training as well as mortgage bonds and property transfers during her articles and then passed both the attorneys admission and conveyancing exams to qualify for the simultaneous admission and dual qualification. 

Mika stays on with Mc Naught and Company at our Amanzimtoti office as a Professional Assistant to the firm. Excellent achievement Mika!!          Mc Naught and Company website

Lease info important for later evictions

Evicting  defaulting tenants can be fraught with difficulty. 

It is important when taking on a new tenant to establish that in the event of them having to move, they have an alternative place to move to - get this is writing at the time the lease is signed as you have to prove this before you can get them evicted, as the courts won’t evict someone who may then be homeless.

Property fraud increasing

Identity theft is one of the problems facing conveyancers where a property seller presents himself as the Owner with corresponding identity documents to pass transfer to a buyer.  The unsuspecting attorneys and buyers effect registration and when the buyers attempt to take occupation they find that the real owner has never sold the property and the fraudulent seller has vamoosed with the proceeds.

Scrutinise documents

Careful scrutiny of identity documents and Fica is critical to help prevent cases like this being successful for the fraudster. Our Toti offices have already thwarted two attempts at fraud in this way.

June newsletter published

Our June newsletter is out.. either click on the image to enlarge and read, or look at the stories above which I will extract from the newsletter and publish here.

Visit our Mc Naught and Company website for the services we offer and more about us.

Seaplane Attorney

Mc Naught and Company partner Dave Mc Naught is possibly South Africa's only Attorney qualified to fly seaplanes with a current seaplane rating he earned in Arizona, United States, last month.

Dave is an accredited member of the worldwide Seaplane Pilots Association and did his training on Lake Havasu, Arizona, to earn his rating and USA pilot's licence which he holds with his South Africa private pilot's licence. Read more here.

Dave on his flight test, having learned to beach the plane, and take off and land in various conditions on water during his training to become a seaplane pilot.

Dave is one of a few South Africans who belong to the Seaplane Pilots Association

Time to Vote for us please

It's time to vote for us if you have received great service this year, which we trust is the case. it's the Southlands Sun Best Servicve awards which we won last year.. please follow the link and vote for us and help keep us in top form for bringing you the best in the south..

Southlands Sun Best Awards 2014

April Newsletter published

Our April newsletter has been published. Click on the image to enlarge it and read or scroll down for more information about the topics.

Property sales to foreigners

We’re not hoping to sell real estate any time soon to Martians, but want to explain the process selling property to foreign citizens or companies, otherwise known as aliens.

Illegal Aliens

There are procedures and requirements that must be complied with in certain circumstances. For instance, sales to illegal aliens are prohibited ie the person or company must be legally established in South Africa. Foreign companies need to be locally registered to qualify and non-residents staying for longer periods may have to apply for a residence permit in terms of the Aliens Control Act.  Other than that you are good to sell to an Alien.. If you dare! If you or your buyer is a foreign company our offices are able to help in getting that company locally registered with our Registrar of Companies to qualify. Where shares in a company are owned by a non-resident, a South African officer for the company also needs to be appointed.

Mortgage Bonds

Cash is good, but if a mortgage bond is required to finance a foreign purchase, no more than 50% of the purchase price may be bonded. Money brought into the country to acquire property may also be taken out again provided at the time of repatriation the full records of the funds coming in need to be retained and supplied. Please check compliance requirements with our offices.

Franchises under the Consumer Protection Act

In practice the Consumer Protection Act, since implementation in 2011, has not had the effect of levelling the playing fields between franchisees and franchisors, according to Ben Whitelaw, writing in De Rebus the Attorneys' magazine this month.

Franchise agreements are generally entered into between two business entities who are informed and ought to take their agreement more serioulsy than a casual consumer purchasing goods in a store - the parties are able to contract and may agree to terms which favour the franchisor. The Consumer Protection Act in general protects consumers who may be uneducated and the law helps them more than the Act helps franchisees who may be sufferring from limits and procedures laid down by the franchisor.

Disclosure document

One area in which the franchisee is protected is the requirement that the franchisor furnish a prospective franchisee with a disclosure document - this sets out full information that would be material to the franchise and enables the prospective franchisee to make a more informed decision whether to go the franchise route or not.

Franchise agreements can be quite complex and require legal interpretation and it is always a wise move to consult your attorney for the correct legal advice before signing into one. Mc Naught and Company are on hand to guide you through this process and reduce the risks of taking on obligations you perhaps did not understand.  durbanskyye.co.za

Re-arranging debt

The National Credit Act, 2005, makes provision for people who are in debt to re-arrange their debt following a set plan of action and payments. Generally the debt can be "frozen" so that court cases regarding the debt come to a halt and a repayment plan is approved in which each creditor gets a pro-rata repayment over a period of time as set out in the repayment plan.

A recent court case heard by the Appeals court however referred a matter back to the Magistrates Court for a re-think after the lower court included car repayments in the repayment plan. This was a case involving the Motor Finance Corporation (Pty) Ltd who were successful in their appeal and required the Magistrate to consider the re-possession of the vehicle, payments for which had fallen into arreas, rather than including the motor vehicle payments in the new repayment plan. ie re-possess and sell the car you can't afford rather than think you can keep the car and pay the motor finance company over a longer period.

The lesson to be learned is to be careful when entering into debt or lending anyone money so that you can be sure the repayments in the future will be made. Durban Skyye blogspot

New sign for Bluff Office

We're going big and our new sign at our 555 Bluff Road office takes up most of the side of the building around the corner from our entrance. It's a WOW sign visible from the traffic intersection and is making a statement on the Bluff.

Getting your Vat invoices correct

We're off to a fresh start this year and here's our first newsletter of the year out and published. Your chance to brush up with the requirements for invoicing customers in compliance with the Vat Act.