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Conveyancing fees

Recomended minimum fees re transfer of members' interest in Close Corporations and transfer of shared in companies
 

1. The Conveyancing Committee is not in favour of a reduction of 25% in respect of bonds and 20% in respect of transfers of the prescribed fee.

This will create a precedent which might result in a situation where conveyancers will have to register low cost housing transfers at an even greater loss as is the case at present.
2. It has come to the attention of the Conveyancing Committee that the fees of legal practitioners widely differ in respect of registration of transfer of shares and interest in Companies and Close Corporations. The situation is untenable. At its meeting held on 24 July 2002 the Committee decided to propose the following minimum tariffs.
(i) Sale of Shares in Company/Sale of interest in Close Corporation
(Company or Close Corporation being registered owner of land)
Legal Practitioner not preparing the Deed of Sale
The same fee as fee prescribed in Schedule 1 to the Deeds Registries Regulations being the fees for Conveyance of immovable property with a minimum of N$1 500.00 per transaction.
The fee is to be an all inclusive fee for all services rendered including the financial arrangements, preparation and registration of CC2, but excluding any fees payable to Auditors and/or Accounting Officers in respect of secretarial matters.
• Sale of Shares in Company/Sale of Interest in Close Corporation
(Company or Close Corporation being registered owner of land)
Legal Practitioner consulting with client and preparing the Deed of Sales
The same fee as fee prescribed in Schedule 1 to the Deeds Registries Regulations being the fees for Conveyance of immovable property with a minimum of N$ 3500,00 per transaction.
The fee is to be an all inclusive fee for all services rendered including the financial arrangements, preparation and registration of CC2, but excluding any fees payable to Auditors and/or Accounting Officers in respect of Company and/or Close Corporation secretarial matters.
3. (i) Donation of land in favour of Company or Close Corporation to be registered simultaneously with the
• Sale of Shares in such Company or Sale of Interest in such Close Corporation
(a) Donation transfer
The fee as prescribed in Schedule 1 to the Deeds Regulations being the Fees for Conveyance of immovable property based on the value of property accepted by the Receiver of Revenue for Transfer Duty and Stamp Duty purposes.
• Preparation of Sale of Shares/Internet Agreement
Fee N$ 3500,00
Registration of CC1/Registration of Company
Fee in accordance with Guidelines of Law Society in respect of non-litigious matters.
Registration of CC2
Fee in accordance with Guidelines of Law Society in respect of non-litigious matters.

Trademarks

Suggested guideline trademark charges in Namibia - 2002
 

FILING CHARGES (excluding official fees)
1. Preparation and filing of Namibian trade mark application, including Normal prosecution, (such as attending on Advertisement of acceptance in Government Gazette, registration of trade mark and dispatch of Registration Certificate), but excluding preparation of representations, attending to International Classification and the late filing of documents, and also excluding copying of documents, attending to official actions, facsimiles and correspondence, recordal of registered users, changes in title or address, etc. should these arise and excluding official fees and disbursements.
N$ 1600,00
2. Where more than one trade mark application is lodged in the same name; and
2.1 the same trade mark is filed simultaneously in different classes; or
Different trade marks are filed simultaneously in the same class,
For each of the 2nd and each additional application up to and including the 5th
N$ 1350,00
For each of the 6th and each additional trade mark application
N$ 1100,00
3. 3. Additional charge for non-routine classification of goods / services Or furnishing opinion or advice in regard thereto
N$ 300,00

4. Further additional charges may arise if we are to attend to the furnishing of an opinion, the drafting of affidavits and written or oral representations and the translation and/or certification of documents.

These charges will depend on the expense incurred or the amount of work involved.
5. Charge for searching - up to ½ hour
N$ 500,00
- for each succeeding ½ hour
N$ 350,00
RENEWAL CHARGES (excluding official fees)
6. Renewal of mark in one class, excluding reclassification:  
6.1 For the first registration
N$ 760,00
6.2 For each additional registration having the same renewal date
N$ 650,00
7. Bulk renewal: each registration
 
7.1 For the first to sixth registrations
N$ 650,00
7.2 For the 7th registration and more
N$ 550,00

Provided that:

Where the existing address for service and instructions are received at least 6 months prior to the expiry date.

The instructions relate to at least 6 trade marks and are accompanied by an appropriate payment such as cheque or bank draft.
8. Payment of fine for overdue renewal within one month of expiry.
N$ 220,00
9. Reclassification
N$ 110,00
10. Application for restoration of lapsed registration, but excluding preparation or perusal of statement of case, evidence, attending hearing or payment of outstanding renewal fees under items 6.1 or 6.2:
10.1 For the first registration
N$ 325,00
10.2 Each additional registration
N$ 250,00
PROSECUTION
11. Agreeing to association
N$ 175,00
12. Endorsing disclaimer or admission
N$ 300,00
13. Correcting error or amending application

N$ 270,00
14. Attending oral hearing before the Registrar per ½ hour
N$ 400,00
15. Extension of prosecution term
N$ 110,00
ASSIGNMENT
16.1 For the first registration (excluding drafting evidence of title)
N$ 800,00
16.2 Each additional registration at the same time (up to the 10th)

N$ 350,00
16.3 For the 11th and each further registration at the same time
N$ 220,00
REGISTERED USER
Application to record registered user for:-
17.1 First registration
N$ 750,00
17.2 Each additional registration at the same time (up to the 10th)
N$ 330,00
17.3 For the 11th and each further registration at the same time
N$ 220,00
OTHER
18. Amendment of trade mark registration
N$ 650,00
19. Cancellation of registration
N$ 275,00
20. Amendment of specification against one registration
N$ 330,00
21. Change of name of applicant, proprietor or registered user
N$ 275,00
22. Change of address of applicant, proprietor or registered user
N$ 100,00
23. Obtaining certificate from Registrar

N$ 165,00
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