S.L. 55.6 Art. 3Applicability of these regulations.

(1) These regulations shall apply where a notary is deemed, in terms of article 84C(5) of the Act, to have been instructed by the transferee to examine title.

(2) These regulations shall also apply where a notary is, in terms of article 84C(4) of the Act, instructed by a contract of engagement to examine title.

(3) These regulations may be modified:

(a) by means of the contract of engagement referred to in sub-regulation (2); or

(b) by means of a contract of engagement where, in the case referred to in sub-regulation (1), the notary and the transferee choose to enter into such contract;

(c) by an agreement in writing entered into between the Notary and the transferee or by a written declaration signed by the transferee, which written agreement or declaration may be recorded in the relative notarial act;

When the agreement to modify these regulations reached between the notary and the client in the manner stipulated in this sub-regulation is not recorded in the relative notarial act, the contract of engagement, the written agreement referred to in this sub-regulation, or the transferee’s written declaration shall be retained by the Notary for five years from the date of signing or, if consequent to the examination of title a notarial act is published in terms of article 84C(5) or (6) of the Act, from the date of its publication.