Board Resolution For Sale Of Property for South Africa

Board Resolution For Sale Of Property Template for South Africa

A Board Resolution for Sale of Property is a formal document issued under South African corporate law that records the decision of a company's board of directors to sell a specific property asset. The document complies with the requirements of the Companies Act 71 of 2008 and includes essential details such as the property description, sale price, authorized signatories, and specific terms of the sale. This resolution serves as official authorization for the property transaction and is required for legal and compliance purposes in South Africa, particularly in dealings with the Deeds Registry and transfer attorneys.

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What is a Board Resolution For Sale Of Property?

A Board Resolution For Sale of Property is a crucial corporate governance document required under South African law when a company intends to dispose of property assets. This document is necessary to demonstrate proper corporate authorization and compliance with the Companies Act 71 of 2008. It is typically used when a company needs to sell real estate assets and requires formal board approval for the transaction. The resolution must contain specific details about the property, the approved sale price, and designated signatories authorized to execute the sale documents. It forms part of the required documentation for property transfers in South Africa and is essential for the conveyancing process. The document serves as evidence of proper corporate decision-making and is often required by transfer attorneys, banks, and the Deeds Registry Office.

What sections should be included in a Board Resolution For Sale Of Property?

1. Company Details: Full registered name of the company, registration number, and registered address

2. Meeting Details: Date, time, location of the board meeting, and confirmation of quorum

3. Directors Present: List of directors present at the meeting and those who submitted apologies

4. Property Description: Detailed description of the property being sold, including erf number, physical address, and title deed details

5. Resolution: The formal resolution stating the board's decision to sell the property, including the agreed sale price and basic terms

6. Authorization: Authorization of specific directors or officers to execute the sale agreement and related documents

7. Certification: Certification by the chairperson or company secretary that the resolution was duly passed

What sections are optional to include in a Board Resolution For Sale Of Property?

1. Conditions Precedent: Any conditions that must be met before the sale can proceed, used when specific requirements need to be fulfilled

2. Financial Considerations: Detailed breakdown of financial implications, used when the board needs to document specific financial aspects of the sale

3. Related Party Disclosures: Declarations of any conflicts of interest, used when the sale involves related parties

4. Use of Proceeds: Specification of how the sale proceeds will be used, included when required by company policy or for major transactions

What schedules should be included in a Board Resolution For Sale Of Property?

1. Property Details Schedule: Detailed description of the property including boundaries, improvements, and title deed information

2. Financial Schedule: Breakdown of the sale price, payment terms, and any relevant financial calculations

3. Board Attendance Register: Signed attendance register of all directors present at the meeting

4. Supporting Documents: Copies of relevant documents such as property valuation reports or tax clearance certificates

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

Residential Property

Corporate Services

Legal Services

Property Development

Construction

Retail

Industrial

Hospitality

Agriculture

Relevant Teams

Legal

Corporate Governance

Real Estate

Property Management

Board Secretariat

Compliance

Finance

Corporate Affairs

Asset Management

Relevant Roles

Chief Executive Officer

Managing Director

Company Secretary

Legal Counsel

Corporate Governance Officer

Property Manager

Real Estate Manager

Board Director

Chief Financial Officer

Commercial Director

Asset Manager

Compliance Officer

Property Officer

Corporate Secretary

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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