Court Order Corrections and Manifest Inaccuracy Corrections in the Register of Assignations (RoA) and Register of Statutory Pledges (RSP) are not made as a result of a formal application using the Keeper’s online registration system.
Rather, correction of the register of the register will occur as a result of either being directed by a court to do in terms of section 29(1) or 100(1) of the 2023 Act or on becoming aware of a manifest inaccuracy in terms of sections 29(2) or 100(2) of the 2023 Act.
Where correcting the RoA as a result of a court order or manifest inaccuracy, the Keeper must, in terms of section 30(3) of the 2023 Act and Rule 20(3) of the 2024 Rules, send a notification of the fact of correction having taken place, in so far as it is reasonable and practicable to do so, by email where such an address is held and by post, if not, to:
(a) the assignor (including purported assignor);
(b) the assignee;
(c) the party who brings the manifest inaccuracy in the RoA to the attention of the Keeper;
(d) any other party where drawn to the Keeper’s attention by the party bringing the manifest inaccuracy to the Keeper’s attention; and
(e) any other person who the Keeper thinks is materially affected by the correction.
Notification may, as will be the case for the majority of instances, be to the respective agents of these parties.
The Keeper’s default approach, however, will be to notify the fact of correction having taken place to all email addresses held by the Keeper in relation to the corrected Assignations Record entry.
Where correcting the RSP as a result of a court order, the Keeper must, in terms of section 102(4) of the 2023 Act and Rule 38(3) of the 2024 Rules, send a notification of the fact of correction having taken place, in so far as it is reasonable and practicable to do so, by email where such an address is held and by post, if not, to:
(a) the provider (including purported providers);
(b) the registered creditor;
(c) the applicant, if not the provider or registered creditor; and
(d) any other person who appears to the Keeper to be affected by it materially.
Notification may, as will be the case for the majority of instances, be to the respective agents of these parties.
The Keeper’s default approach, however, will be to notify the fact of correction having taken place to all email addresses held by the Keeper in relation to the corrected Statutory Pledges Record entry.
Where correcting the RSP as a result of a becoming aware of a manifest inaccuracy, the Keeper must, in terms of section 102(4) of the 2023 Act and Rule 38(3) of the 2024 Rules, send a notification of the fact of correction having taken place, in so far as it is reasonable and practicable to do so, by email where such an address is held and by post, if not, to:
(a) the provider (including purported providers);
(b) the registered creditor;
(c) the party who brings the manifest inaccuracy to the Keeper’s attention;
(d) any other party who is mentioned by the party bringing the manifest inaccuracy to the Keeper’s attention in the process of doing so; and
(e) any other person who appears to the Keeper to be affected by it materially.
Notification may, as will be the case for the majority of instances, be to the respective agents of these parties.
The Keeper’s default approach, however, will be to notify the fact of manifest inaccuracy correction having taken place to all email addresses held by the Keeper in relation to the corrected Statutory Pledges Record entry.
Court Order Correction Notifications and Manifest Inaccuracy Correction Notifications will contain a link to a web page or "landing page", which will contain details of the correction to which the Correction Notification relates, including a PDF version of the full record entry. The PDF will be a snapshot of the Assignations Record entry or Statutory Pledges Record entry position as at that date, and, although it does not have the evidential status of an extract requested under either section 35 or 106 of the 2023 Act, it fully reflects the Assignations Record entry or Statutory Pledges Record entry after completion of the correction to which the Correction Notification relates.
All parties notified will receive the same Correction Notification, and all parties will be able to access the respective PDF. The parties notified will be free to forward on the link to the landing page as they see fit and it will be possible to print or to save the PDFs locally to their own systems. The link to the landing page will be available for a 30-day period, which should allow the parties adequate time to access it following the correction of the record entry.