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Legal Insight & Commentary
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When a Close Corporation (CC) Member Dies or Changes - What Happens to the Bond?
When a Close Corporation (CC) Member Dies or Changes - What Happens to the Bond? Many assume a bond falls away when ownership changes. Not true. Here’s why banks remain protected. When a CC owns property bonded to a bank and the sole member passes away, the question often arises: does the bond fall away? The answer is simply no. A registered mortgage bond attach to the property, not the owner. Even if the member dies or heirs inherit, the bond remains fully enforceable unti

Jacobs Amupolo
Nov 121 min read


Transfer & Bond Registration Costs in Namibia - the 2-minute guide
Transfer & Bond Registration Costs in Namibia. Conveyancing fees aren’t “random lawyer charges.” They’re based on prescribed tariffs under the Deeds Registries and Sectional Titles Acts framework and cover the legal work and accountability needed to get your property or bond validly registered and your money safely settled on the day. What your conveyancer’s fee covers Taking instructions, checking the sale agreement and bond instruction; Drafting/obtaining powers of attorney

Jacobs Amupolo
Nov 111 min read


Conveyancing in Namibia - quick summary of a valid transfer
Conveyancing in Namibia - quick summary of a valid transfer Conveyancing in Namibia. A valid signed agreement locks in the deal. From there, one conveyancer runs a tightly controlled sequence to protect title and money: Validate the contract : confirm formalities and any suspensive conditions (loan approval, deposit, deadlines). Secure & manage finances : obtain bank guarantees; seller is paid only after the new bond is registered from the conveyancer’s trust account. Coordin

Jacobs Amupolo
Nov 111 min read


Why transfer & bond registration can take months
Why transfer & bond registration can take months Property registration moves at the speed of its slowest step. Common bottlenecks: Loan approval (suspensive condition): Transfer can’t start until the buyer’s finance is approved, and the buyer’s bank is ready to issue guarantees; Bank paperwork: Buyers must supply their banks with necessary paperwork; some banks also require an own contribution before issuing guarantees; Cancel the seller’s bond: The existing bond must be c

Jacobs Amupolo
Nov 111 min read


Deregistration, Mortgage Bonds & Bona Vacantia: What Lenders Must Know
When a company or close corporation is deregistered in Namibia, it ceases to exist — and so do its legal rights.

Jacobs Amupolo
Sep 191 min read


Buying Property in Namibia as a Foreigner: Key FAQs Answered
Buying Property in Namibia At Jacobs Amupolo, we regularly assist international clients with buying and selling property in Namibia....

Jacobs Amupolo
Sep 101 min read


Power of Attorney
A Power of Attorney (PA) — or volmag in Afrikaans — is a legal document allowing one person (the grantee) to act on behalf of another (the grantor) in legal or financial matters. In Namibia, it is primarily governed by the Deeds Registries Act 47 of 1937 and common law.

Jacobs Amupolo
Jul 291 min read


Half a House? Understanding Undivided Shares in Property
In Namibian law, co-ownership means two or more people own the same property together — each with a share in the whole, not a specific part. The shares may differ in size, but all co-owners must agree to sell, mortgage, or lease the property. This applies to both freehold and sectional title units.

Jacobs Amupolo
Jul 292 min read


Antenuptial Contracts – how does accrual work and can a marital property regime be changed after marriage?
Namibian law does not have an equivalent law allowing for a redistribution order similar in nature to the accrual system provided for by section 3 of the Matrimonial Property Act (SA). However, the parties can include any provision in the contract – as long as it is not contra bones mores or in conflict with the essential consequences of a marriage. Causes of this nature will be null and void.

Jacobs Amupolo
Jul 291 min read


Antenuptial Contracts Across Borders: Can You Register Your Namibian Contract in South Africa?
If you got married in Namibia out of community of property, but plan to live or hold assets in South Africa, you might wonder: is your Namibian antenuptial contract (ANC) valid there?

Jacobs Amupolo
Jul 291 min read


Changing the Rules in a Sectional Title Scheme: Who Decides what?
Changing the Rules in a Sectional Title Scheme: Who Decides what? The Roman law maxim "Communio est mater rixarum" translates to “Co-ownership is the mother of disputes’ (Afrikaans – mede eienaarskap is die moeder van alle twiste).

Jacobs Amupolo
Jul 291 min read
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