Annetjie Coetsee is a practising Attorney, Notary Public and Conveyancer, operating from both the Cape Town and Helderberg branches of STBB. Her responsibilities include: Director of STBB, branch head of Somerset West office, Executive member and head of the Development Law Unit. The specialized Development Law Unit has nine specialists addressing development requirements in the fields of planning law, environmental law, construction law, renewable energy law and, very importantly, local government law. She is a practicing Conveyancer (dealing with a conglomerate of property related matters such as sectional titles, developments, bonds, transfers and municipal work for local councils). Although she specialises in conveyancing she is a family law attorney, with a special interest in the constitutional law aspects regarding children’s rights. She is part of the marketing department and takes care of the brand development on a national level. Annetjie is further responsible for compliance and reporting initiatives. She is involved with substantial research activities relating to the property market and property investment and communicates interesting and relevant facts to her clients and the media, conducts Legal Updates for banks and estate agents. Her knowledge and insurmountable experience in the property market and connections with key roleplayers in the property industry makes her an invaluable ally to any property investor.

Video Article | Deregistered companies selling or buying properties: what is the legal position?

In terms of the current Companies Act, companies and close corporations can be deregistered for administrative reasons.

The Act does make provision for the reinstatement of entities in certain circumstances, including instances where the deregistration followed on non-submission of annual returns. This relief is, however, not without a sting in its tail as these applications are lengthy; in the case of entities owning immovable property, it takes some months! Any transaction that the entity seeks to register in the deeds office is necessarily delayed as a result.

However, an important consequence of deregistration is that the entity ceases to exist as a legal person and therefore cannot enter into transactions, such as selling or buying immovable property or registering a mortgage bond. In this video (insert link here) we briefly explain the position and give advice to potential purchaser and sellers holding property in a deregistered entity.