S.L. 55.6 Art. 22Statements Substituted: L.N. 157 of 2018.

(1) The transferee who makes the declaration required in terms of the first proviso to article 84C(5) of the Act shall do so after the notary explains to him the importance and consequence of such declaration, and the transferee shall confirm that the notary has given him such explanation. The notary shall record in the notarial act the transferee’s declaration and confirmation.

(2) Where a notary is exempt from examining title in terms of the second proviso to article 84C(5) of the Act he shall, with reference to the applicable paragraph of regulation 4, explain to the transferee the importance and consequence of such exemption, and the notary shall mention in the notarial act that he has given him such explanation: provided that if the notary explains to the transferee the importance and consequence of such exemption but fails to record such fact in the notarial act, the notary shall not be presumed to have been engaged to examine title.

(3) The transferee shall make the declaration required by regulation 17(2) after the notary explains to him the importance and consequence of such declaration and after the transferee confirms that the notary has given him such explanation. The notary shall record in the notarial act the transferee’s declaration and confirmation.