Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Search Products
Filter by Categories
Company Secretarial
General Business
General Interest
Investing in Property
Personal Growth
Personal Wealth
Trusts and Estate Planning

Lawyers are now required by law to write contracts and documents in plain language understandable by the persons who are expected to be reading them. So you should no longer be seeing terms like “pro non scripto” (as if never written), “supra” (above), “mutatis muntandis” (substantially the same) and especially “domicilium citandi et executandi” (place for serving legal notices).

I remember on University rag day when I nearly had my trousers pulled off (it was called “de-bagging”).

I fought like the very devil and eventually the opposing mob backed off!. Now I know how the attorneys must be feeling. They have lost an essential part of their armoury.

So now I’m seeing some of them (mostly the candidate attorneys, not the real ones) including the word herein in their emails “I would appreciate your responding herein” and suchlike. Helloooo?

Now regarding “Domicilium citandi et executandi” which should now be written in plain language, never insert your physical address here and be careful, some contracts, especially those drawn up by the banks, put your physical address under your name at the beginning of the agreement (contract) and then under domicilium they simply refer back to the address already disclosed. The problem with using your physical address is that if you move, you’ve got to remember every contract that contains the old address and notify the other parties that your domicile has changed and, of course, you’ll never do that. The result is that if someone sues you under any contract after you moved, the notice will be served at your old address and you won’t even know about it. They will then get a default judgement against you in your absence (Gosh – I nearly wrote in absentia!).

So, your domicile on all contracts and agreements (same thing) must be the registered office address of a company or CC. “The registered office from time to time of …………………………….. (Pty) Ltd (or CC) which for the time being is ………………………………………………….”.

Now if the company or CC moves, its registered office will move with it as this is a part of the normal process of maintaining records at CIPC.

Should you wish to make an appointment, please feel free to visit Derek’s diary and book a time that suits you.


XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Looking for even more informative content? Check out the books I have written which have proved to be very popular.

Need help with your Trust or Business?

Contact us today or set up a free meeting with our CEO, Derek Springett. We have been offering expert advice and business services since 1971. You can also view see our full list of services.

Do you want to leave your cart?

Your cart is awaiting your next purchase, so please proceed to the Home page and continue shopping. If you are leaving your cart because of problems, why not give us a call on our 24 hr numbers 063 866 8928 or 011 805 0030 (subject to load shedding)? If all else fails, call Derek, our CEO on 082 552 9696. We’ll do what we can to help