FFC IN NAME OF COMPANY, NOT CC: NO COMMISSION
Brodsky Trading 224 CC v Cronimet Chrome Mining SA (Pty) Ltd and Others (39/2016) [2016] ZASCA 175 (25 November 2016)
An estate agent’s Fidelity Fund Certificate (FFC) is a prerequisite for the agent to operate and earn commission. The law requires further that where the agent is a company or close corporation (CC), a FFC is required for both the company or CC and the directors or members. This matter dealt with a commission claim by an agency that converted from a company to a close corporation and, at the time the sale transaction was concluded, a FFC existed for the company and director although the agency was by then a close corporation. Could the commission claim succeed on the basis that there was at least ‘substantial compliance’ with the FFC requirement?
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The Judgment
Summary of the Judgment
STBB’S STSMA REFERENCE GUIDE
In this, the sixth set of notes for your STSMA Reference Guide, the details of section 7 of the Act are provided. It deals with trustees of bodies corporate.
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Section 7 of the Act – Trustees of the Body Corporate
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