We believe it is clear that health professionals should not legitimately suspend the transfer of accounting debts (or, in this case, any security rights that a bank may enjoy). We believe that it is not unpleasant for a practitioner to withdraw the accounting debts of the company`s debtors from the company`s bank account from the transfer bank and then use the proceeds to pay the company`s operating and rescue costs. However, it is completely inappropriate for the practitioner to redirect the funds recovered by the debtors to a bank account with another bank. It is essential that the transfer of a non-existent right be legally null and private (i.e., a claim to be surrendered must be an existing claim). Can the transfer of accounting debts be suspended in accordance with section 136, paragraph 2, point (a)? (ii) to the satisfaction of that other person, to provide the guarantee for the amount of these revenues.” The agreement that creates the obligation to withdraw (the “agreement of commitment”) and the performance or performance of the withdrawal obligation may be included in a document (the obligation to withdraw and its execution or execution remain separate legal acts). However, listed securities are treated in different ways, since section 39 of the Financial Markets Act stipulates that the sale or share of unse certified securities or securities must be made by the introduction of certain information contained in Section 39 of the Financial Markets Act concerning the sale of security or bonds. Entry is defined by financial markets law as electronic registration, among other things, of possible transfer of security, foreclosures or other instructions relating to securities or interest. Section 39 (1)d) of the Financial Markets Act stipulates that a transfer of security or guarantees corresponding to the above requirements is effective against third parties. An interesting question is whether section 39 (1) (d) renders the sale of security redundant, since the section considers that the sale or pawning of listed securities is effective vis-à-vis third parties as well as the debtor. However, it is probably safer to vomit on the side of caution by sending a notice of transfer to the debtor, despite the effects of section 39, paragraph 1, point (d). “If, during the rescue procedure of a company, the company wishes to dispose of all the objects on which another person has an interest in safety or property, the company must ensure – during the development of the transfer contract – that the corresponding clauses are included in the agreement which deals with aspects of the power of appeal. As a general rule, the transfer of accounting debt is done in the sense of an unsecured transfer.
The construction of the deposit is only respected if the possibility of a security transfer is expressly excluded. It is clear that South African law imposes obligations on an agreement to transfer security rights, particularly with regard to the preservation, maintenance and protection of the interests of the Cedent to the rights surrendered. In the case of loan transactions in which lenders take guarantees in the form of assignments under the security of personality rights, lenders acquire, as ceding parties, those obligations with respect to the rights transferred by the application of the common law. It is therefore important that lenders who obtain collateral rights be aware of these obligations, that they opt out of these obligations if they do not stick to them, or if they do not want to comply if they choose to be related to them. It is possible that a transfer agent, if he does not comply with his common law obligations or contractual obligations with respect to the surrendered right, may sue the taker for damages that could be caused to him by the failure of the infringement of surrender.