n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Sale of land agreements entered into by companies under the Companies Act 71 of 2008 : analysis

Volume 26, Issue 1
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



In terms of section 2(1) of the Alienation of Land Act 68 of 1981, an agreement of sale of land ('deed of alienation') must be signed by the parties thereto or their agents acting on their written authority. Thus two categories of signatories are permitted - () the parties themselves, or () the parties' agents, acting on the written authority of their principals. A company, being a legal entity, cannot itself sign any agreement as such (category ()), and cannot give its functionaries written authority to sign (category () - see 1913 TPD 506; 1973 (4) SA 654 (T)). How then does a company, acting through its functionaries, enter into an agreement of sale of land?

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