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CHARGES, FEES AND DISBURSEMENTS STRUCTURES, EXCLUDING VAT · CHARGES, FEES AND DISBURSEMENTS STRUCTURES, ... tariffs as determined from time to time and recommended by the Cape Law

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Page 1: CHARGES, FEES AND DISBURSEMENTS STRUCTURES, EXCLUDING VAT · CHARGES, FEES AND DISBURSEMENTS STRUCTURES, ... tariffs as determined from time to time and recommended by the Cape Law

As at March 2012

CHARGES, FEES AND DISBURSEMENTS STRUCTURES, EXCLUDING VAT

A. GENERAL

Fee Rate for various and general attendance (which would include, but not be limited to)

RATES / COSTS per Hour Charged for Attendances

CIVIL AND CRIMINAL LITIGATION CONTRACTS

TRUSTS

COMPANIES

WILLS

LIQUIDATIONS / SEQUESTRATION REHABILITATIONS

DUE DILIGENCE

ENVIRONMENTAL ISSUES AND WATER RIGHTS

EMPLOYMENT AND LABOUR PATENTS/COPY RIGHTS

COMPETITION

INTELLECTUAL PROPERTY, COMPLIANCE

TAX, ACCOUNTING VARIOUS NON SPECIFIED ATTENDANCES

AND WORK IN GENERAL UNLESS OTHERWISE SPECIFICALLY AGREED TO..

Admitted Attorneys with post admission experience not exceeding 5 years

R 1,000.00

Admitted Attorneys with post admission experience exceeding 5 years but not more than 10 years

R 1,200.00

Admitted Attorneys with post admission experience exceeding 10 years but not more than 15 years R 1,500.00

Admitted Attorneys with post admission experience exceeding 15 years but not more than 20 years

R 1,800.00

Admitted Attorneys with post admission experience exceeding 20 years but not more than 25 years R 2,000.00

Admitted Attorneys with post admission experience exceeding 25 years

R 2,500.00

Candidate Attorneys, Support and administrative Staff (not qualified Attorneys), Bookkeepers, Accountants

R 800.00

Consultations, telephonic consultations, research and drafting in general shall be accounted for in 15 min Increments as a minimum time unit charged.

Basic/elementary telephone calls, faxes, emails, sms, and messages sent, received or made, each R 50.00

Drafting and perusal of documents and/or text including but not limited to correspondence, court documents and contracts per folio (100 words or part thereof equals to 1 folio), unless accounted for on a time basis

R 100.00

Page 2: CHARGES, FEES AND DISBURSEMENTS STRUCTURES, EXCLUDING VAT · CHARGES, FEES AND DISBURSEMENTS STRUCTURES, ... tariffs as determined from time to time and recommended by the Cape Law

B. TRUSTS, WILLS, ADMINISTRATION OF ESTATES*

BASIC WILLS (including 1 Hour consultation) R 1,500.00

WILLS incorporating a mortis causa trust (including 2 hour consultation) R 2,000.00

INTER VIVOS and BUSINESS TRUSTS (including 2 hour consultation) R 6,000.00

Executor’s fee / Administration of deceased Estates 3,5 % of gross value of Estates 6,0 % on income received / due to estate in the period of administration

C. CONVEYANCING AND TRANSFER OF INTERESTS/SHARES IN JURISTIC PERSONS AND CESSION OF LOAN ACCOUNTS*

CONVEYANCING (transfer of immovable property any rights interest or title vested therein or relating thereto or any other attendance involving the Registrar of Deeds), transfer of shares in a company, transfer of membership interest in a Close Corporation or variation to a trust, in which juristic person and immovable property or real rights are an asset, or where there is no underlying immovable property, then the Brutto (i.e. Purchase Price for shares and loan accounts) value of the company will determine the applicable fee. These Fees shall be regulated by the recommended conveyancing guidelines/ tariffs as determined from time to time and recommended by the Cape Law Society. PLEASE NOTE that, for any attendances not directly related to procedure of the transfer of the immovable property or shares/loan accounts shall be charged additionally on the basis as set out in Section A “General” and Costs of auditors / accountants / experts / valuers, disbursements, revenue stamps, transfer duty, deemed transfer duty, VAT and bank charges are charged additionally. *

D. UNCONTESTED DIVORCES*

When parties are in agreement as to the terms and conditions of divorce and no prolonged consultations / negotiations are required (not exceeding 6 hours in total) a basic fee of

R 6,000.00

E. (UNCONTESTED / FRIENDLY) REHABILITATIONS / SEQUESTRATIONS/LIQUIDATIONS *

Fee indicated plus party and party costs as taxed or agreed. This does not include / is additional to the amount of R 20000 that is to be paid as security to the master of the High Court and does not include the cost of an Advocate nor of the Trustee / Liquidator.

R 18,000.00

F. REGISTRATIONS & APPLICATIONS*

REGISTRATION OF COMPANIES including reservation of names, including consent by auditor, notarial costs and Pretoria Correspondents (excl. share register, revenue stamps, shareholders agreement, name changes or specific variations of standard memorandum and articles of association)

R 6,000.00

CHANGE OF MEMBERSHIP INTEREST IN A CLOSE COOPERATION, or change of name (excluding consultations, revenue stamps and disbursements, association agreement and name changes)

R 3,600.00

REGISTRATION and FORMATION of TRUST (excluding revenue stamps and disbursements based on an estimate total of 5 hours spent) R 5,000.00

REGISTRATION of standard new LIQUOR LICENSE (excluding revenue stamps and disbursements) R 9,500.00

REGISTRATION of TRANSFER of or alteration to an existing Liquor License R 5,500.00

SEARCHES and checking reservation of Trademarks as a preliminary to application for the Registration of Trademark R 2,700.00

APPLICATIONS for the registration of Trademarks R 4,500.00

Page 3: CHARGES, FEES AND DISBURSEMENTS STRUCTURES, EXCLUDING VAT · CHARGES, FEES AND DISBURSEMENTS STRUCTURES, ... tariffs as determined from time to time and recommended by the Cape Law

G. CONTRACTS*

RESIDENTIAL LEASE (including 1 hour consultation) R 3,500.00

COMMERCIAL LEASE (including 1 hour consultation) R 3,500.00

FRANCHISE (including 1 hour consultation) R 8,000.00

DISTRIBUTION (including 1 hour consultation) R 5,000.00

AGENCY (including 1 hour consultation) R 5,000.00

NON-CIRCUMVENTION/CONFIDENTIALITY (including 1 hour consultation) respectively R 4,000.00 – R 5,000.00

SALE OF MOVEABLE PROPERTY (including 1 hour consultation) R 2,000.00

SALE OF IMMOVABLE PROPERTY (including 1 hour consultation) R 2,000.00

SHAREHOLDERS / ASSOCIATION AGREEMENT (including 1 hour consultation) R 6,000.00 - R 8,000.00

JOINT VENTURE (including 1 hour consultation) R 6,000.00 - R 8,000.00

CONSTITUTION OF CLUB / ASSOCIATION (including 1 hour consultation) R 5,000.00 - R 8,000.00

H. TRANSLATIONS AND SWORN TRANSLATION CERTIFICATION*

TRANSLATION OF TEXT A Folio Unit consists of 100 words. Figures of 3 digits or more are counted as one word, and where a document or text consists of less then 1 folio it is charged as one unit.

R 100.00 per Folio

CERTIFICATION as Sworn Translation R 100.00

TRANSLATION SERVICES in Court or Arbitration

R 1,000.00 per hour

NOTE: The rates may be increased due to the complexity, specialised / technical terminology and / or urgency, as may be advised in the circumstances.

I. NOTARIAL*

ANTENUPTIAL CONTRACTS (including 1 ½ Hours of consultation and Attention, travels to the Deeds Office in Cape Town, Notarial and Conveyancer’s costs ) R 3,800.00

PROSPECTING / MINING (based on an estimated 2 hour consultation included) R 20,000.00

GENERAL POWER OF ATTORNEY (including 1 hour consultation) R 2,000.00

AUTHENTICATION OF COPIES and SIGNATURES (not exceeding 30min) R 500.00

HAGUE APOSTILLE (not exceeding 30 min) R 500.00

LIFE PARTNERSHIP (including 1 hour consultation) R 2,500.00

CESSION OF EXCLUSIVE USE AREAS (Sectional Title) (including 1 hour consultation) R 2,000.00

NOTARIAL BONDS (including 1 hour consultation) R 7,000.00

LONGTERM NOTARIAL LEASES (including 1 hour consultation) R 8,000.00

NOTE: These fees are for the attendance / drafting only and do not include consultations, disbursements, taxes / duties / application fees / and / or conveyancing fees and Deeds Office fees (where relevant)

Page 4: CHARGES, FEES AND DISBURSEMENTS STRUCTURES, EXCLUDING VAT · CHARGES, FEES AND DISBURSEMENTS STRUCTURES, ... tariffs as determined from time to time and recommended by the Cape Law

J. BROKERAGE COMMISSIONS

2here Schliemann Incorporated was the effective cause and introduced a willing seller and buyer, then, unless agreed otherwise, a commission is payable equal to 7.5% on the sale price of the immovable property concerned (This also applies where an immovable property is registered in a juristic person and shares/members interest / Beneficiaries are transferred to a purchaser, then the total value of the shares and Loan Accounts shall be the Basis of the calculation). Where a Business is sold then a commission is payable equal to 10% on the purchase price, or of the total value of shares and Loan Accounts sold and ceded.

Commission as applicable

K. COLLECTION COMMISSION

A collection commission equivalent to 10% of the debt collected shall apply Commisssion as applicable

L. ADMINISTRATIVE / FILE MANAGEMENT CHARGES

Opening a new file R 250.00

FICA Certification R 400.00

Monthly diarising and filing R 30.00

Banking/payments and receipts per attendance R 50.00

Administration of Investments and/or Money held in Trust 10% of interest earned

The attendance of Photocopying, scanning, and Telefax (per Page)

R 1.50

M. DISBURSEMENTS AND CONTRIBUTION TOWARDS BASIC EXPENSES

Travel R 4.50 per km

Tel Calls– cellular per 5 min increments or part R 10.00

Tel Calls – local per 5 min increments or part R 4.00

Tel Calls – outside of Western Cape per 5 min increments or part

R 10.00

Tel Calls – international per 5 min increments or part R 20.00

Photocopy, email printed and/or Fax received R 1.50 per page

Bank charges (min) R 100.00 per transaction unless

accounted for specifically

*PLEASE NOTE: In respect of Section B to I, these are cost estimates only and may be upwardly adjusted in the following circumstances;

1. Should any such matter become disputed/opposed/contested, or should time be spent in excess of what is projected / provided for the relevant matter, then the GENERAL fees set out in A herein before shall apply for any further work and attendances and be charged additionally. 2. Should the complexity and value of the matter at hand be such that the Attorney and Schliemann Incorporated be exposed to a greater degree of Risk than what is covered by our applicable Liability Insurance (currently R 1,500,000) 3. Should the matter be of urgent nature, which would require dedication to one specific matter to the exclusion or detriment of other matters being dealt with by us at the time.