Indigenisation and Economic Empowerment Act updated May 2011
Transfer of units
28.1 Every unit holder shall be entitled to transfer the units or any of the units held by him
or her by an instrument in writing in such form as the Board may from time to time approve.
Provided that no transfer shall be registered if the registration thereof would result in the
transferor or the transferee being a registered holder of less than ten units or such lesser number
as the managers may decide with the approval of the Board.
28.2 Every instrument of transfer must be signed by both the transferor and the transferee
and the transferor shall be deemed to remain the holder of the units transferred until the name of
the transferee is entered in the register in respect thereof;
28.3 Every instrument of transfer must be duly stamped and left with the Board for
registration accompanied by the certificate or certificates relating to the units to be transferred
and such other evidence as the Board may require to prove the title of the transferor or his or her
right to transfer he units. The Board may dispense with the production of any certificate which
has become lost, stolen or destroyed upon compliance by the transferor with the like
requirement to those arising in the case of an application by him or her for the replacement
thereof;
28.4 All instruments of transfer which are registered shall be retained by the Board.
28.5 The Board may charge a fee as agreed with the managers from time to time for the
registration of each transfer and the issue of a new certificate in the name of the transferee and a
balance certificate, if necessary, in the name of the transferor and, if required by the Board, such
fee must be paid before the registration of the transfer.
28.6 The receipt of the unit holder for any moneys payable in respect of the units
represented by such certificate shall be a good discharge to the Board and if several persons are
registered as joint unit holders or in consequence of the death or insolvency of a unit holder are
entitled so to be registered, any one of them may give valid receipts for any such moneys.
Death of a unit holder
29.1 In the event of the death of a unit holder the executor or administrators of a deceased
unit holder shall be the only persons recognised by the Board as having title to the units
represented thereby until such a time as the estate has been distributed;
29.2 Any person entitled to a unit in consequence of the death of any unit holder may upon
producing such evidence as to his or her title as the Board requires, either be registered himself
or herself as the unit holder of such unit upon giving to the Board notice in writing of such
desire, or transfer such unit to some other person. All the provisions of this Schedule relating to
transfer shall be applicable to any such notice or transfer as if the death had not occurred and
such notice or transfer were a transfer executed by the unit holder.
29.3 A person becoming entitled to a unit in consequence of death as aforesaid may give a
discharge for all moneys payable in respect of the unit but he shall not be entitled to receive
notices of or to attend or vote at any meeting of unit holders until he has been registered as the
unit holder of such a unit.
29.4 In respect of the registration of any letters of administration, power of attorney,
marriage or death certificate, order of court, notarial deed of change of name or other document
relating to or affecting the title to any unit there shall be paid to the Board such fee as may be
agreed with the managers from time to time.
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