Board Resolution For Lease Agreement for South Africa

Board Resolution For Lease Agreement Template for South Africa

A Board Resolution for Lease Agreement is a formal corporate document governed by South African law, particularly the Companies Act 71 of 2008, that records the board of directors' approval and authorization for entering into a lease agreement. The document demonstrates proper corporate governance, documents the board's decision-making process, and provides necessary authorizations for executing the lease agreement. It includes specific details about the property, financial commitments, authorized signatories, and any conditions attached to the approval, ensuring compliance with both corporate and property law requirements in South Africa.

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What is a Board Resolution For Lease Agreement?

A Board Resolution For Lease Agreement is a crucial corporate governance document required when a company in South Africa needs to formalize its decision to enter into a lease agreement. This document is essential for compliance with the Companies Act 71 of 2008 and demonstrates proper corporate authorization for significant property commitments. It should be used whenever a company needs to enter into a lease agreement that requires board approval, typically for significant financial commitments or strategic locations. The resolution includes details about the meeting, attendees, property specifications, financial terms, authorized signatories, and any specific conditions set by the board. It serves as evidence of proper corporate decision-making and is often required by landlords, banks, and regulatory authorities to verify the company's authority to enter into the lease agreement.

What sections should be included in a Board Resolution For Lease Agreement?

1. Header: Company details including registration number and registered address

2. Date and Venue: Date, time, and location/method (physical/virtual) of the board meeting

3. Attendance: List of directors present, absent, and in attendance, confirming quorum requirements are met

4. Chairperson: Designation of the meeting's chairperson

5. Notice and Quorum: Confirmation that proper notice was given and quorum requirements were met

6. Background: Context of the lease agreement, including property details and business rationale

7. Declarations: Directors' declarations of interest in the transaction, if any

8. Resolutions: Specific resolutions approved by the board regarding the lease agreement

9. Authorization: Designation of authorized signatories for executing the lease agreement

10. Closure: Formal closing of the meeting

11. Certification: Certification by the chairperson or company secretary that the resolution is true and accurate

What sections are optional to include in a Board Resolution For Lease Agreement?

1. Previous Minutes: Confirmation of previous minutes if this is a follow-up resolution

2. Financial Terms Review: Include when specific financial commitments need board approval

3. Risk Assessment: Include when significant risks need to be documented

4. Conditions Precedent: Include when the board's approval is subject to certain conditions being met

5. Related Party Disclosures: Include when the lease involves related parties

6. Regulatory Compliance: Include when specific regulatory requirements need to be addressed

What schedules should be included in a Board Resolution For Lease Agreement?

1. Property Details: Detailed description of the property being leased

2. Key Lease Terms: Summary of main terms of the lease agreement

3. Board Pack: Supporting documents presented to the board

4. Voting Record: Detailed record of how each director voted

5. Powers of Attorney: If specific powers of attorney are granted to signatories

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Board Resolution

Cost

Free to use
Relevant Industries

Real Estate

Commercial Property

Retail

Manufacturing

Financial Services

Professional Services

Healthcare

Education

Technology

Logistics

Hospitality

Mining

Agriculture

Telecommunications

Relevant Teams

Legal

Corporate Secretariat

Facilities Management

Finance

Risk and Compliance

Operations

Administration

Property Management

Corporate Governance

Real Estate

Relevant Roles

Chief Executive Officer

Managing Director

Company Secretary

Legal Counsel

Corporate Governance Officer

Facilities Manager

Property Manager

Chief Financial Officer

Risk Manager

Compliance Officer

Board Director

Commercial Director

Operations Director

Real Estate Manager

Administrative Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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