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Terms of appointment version 4.5 23 November 2009
TERMS OF APPOINTMENT
1. Definitions ! In these terms and conditions of use 1.1. 1.2. clause headings are for convenience and shall not be used in its interpretation; unless the context clearly indicates a contrary intention an expression which refers to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa; 1.3. the following expressions shall bear the meanings assigned to them below and cognate expressions shall bear corresponding meanings – 1.3.1. “the ECT Act” means the Electronic Communications and Transactions Act 25 of 2002; “intellectual property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on or in connection with this website; 1.3.3. “know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with this website, as well as, all available information regarding marketing and promotion of the products and services described in this website, as well as all and any modifications or improvements to any of them; 1.3.4. “products and/or services” means the products and/or services we offer from time to time; “RIC Act” means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002; 1.3.6. “terms” means these terms and conditions of use, as amended from time to time; 1.3.7. “trademarks” means those trademarks we own (or which we are designated as beneficial owner) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same;
1.3.2.
1.3.5.
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Terms of appointment version 4.5 23 November 2009
1.3.8.
“We”, “us” and “our” means Paul Jacobson trading as Jacobson Attorneys, a sole practitioner trading as an attorney of the High Court of South Africa (“Jacobson Attorneys” has a corresponding meaning);
1.3.9.
“website” means each and every website we own, host, operate or administer including, but not limited to, the websites located at or accessed through http://webtechlaw.com and http://jacobson.co.za;
1.3.10.
“website material” means the contents of this website, including without limitation, all and any information, data, documents, intellectual property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this website which we own;
1.3.11.
“you” means users of and visitors to the website as well as any other person seeking to interact with or obtain information from the website,
1.4.
when any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;
1.5.
all annexures, addenda and amendments to these terms of use shall be deemed to form an integral part of these terms of use.
2. Introduction 2.1. We practice and are qualified in South African law generally. We do not, however, profess to be experts in all areas of South African law. These terms and any annexures to these comprise the agreement between you or your company and Jacobson Attorneys and are the basis on which you appoint us. By instructing us, you agree to be bound by these terms which sets out the terms and conditions upon which Jacobson Attorneys will act for you, as amended by us from time to time. 2.3. Our terms will be published to our website and are available from our offices on request. You are deemed to be familiar with these terms and it is therefore your responsibility to: 2.3.1. 2.3.2. request a copy of these terms; or obtain an updated copy of these terms from our website.
2.2.
3. Contact details Our contact details are as follows: Phone: Fax: 083 444 8260 086 683 1731 Skype: Email: pljcbsn paulj@jacobson.co.za Page 2 of 17
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Terms of appointment version 4.5 23 November 2009
Post:
Physical:
P O Box 189 Melrose Arch 2076 Suite 314, 3rd floor Office Towers Killarney Mall 60 Riviera Road Killarney Johannesburg
Instant messagingpaulj@jacobson.co.za (Google Talk): Web: http://jacobson.co.za
4. Instructions 4.1. Initial instructions must be confirmed in writing by a person who is authorised to instruct us. In giving us instructions, you warrant that you have the requisite authority. 4.2. Where there is more than one of you each of you warrant each of you have the requisite authority to instruct us and that any one of you can give instructions on behalf of all of you. 5. Performance levels 5.1. Where appropriate or where where you require delivery within specific time periods, we will agree and commit to delivery dates and/or times for work we do for you. 5.2. Deadlines 5.2.1. Where your deadline is urgent and immutable (and we are advised of this specific fact in writing when we are initially briefed) and we complete our work but still fail to meet that deadline, we will discount our fees (see below) by 25% in addition to any further discounts we may already offer to you. 5.2.2. In other cases where we complete our work and still fail to perform within 24 hours of our agreed delivery date and/or time, we will discount our fees (see below) by 25% in addition to any further discounts we may already offer to you. 5.3. It is essential that you furnish us with all relevant information, documentation and complete instructions when you brief us. We will quote our fees on the basis of the brief you give us and where we discover you failed and/or neglected to brief us fully or where the job specification changes materially (we will determine materiality in our sole discretion), we reserve the right to revise our quoted fees and delivery dates and/or times for our work. You specifically agree to this when you brief us. 6. Fees and disbursements 6.1. We have adopted a variable fee model which allows for variation of a baseline fee which we will quote you on. Depending on the fee type and your payment terms, Page 3 of 17
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you may receive a discount on the baseline fee, will be liable for the baseline fee as quoted or be responsible for payment of the baseline fee and a surcharge on the baseline fee. 6.2. The reason for this variable fee model is twofold: 6.2.1. to accommodate our clientsʼ changing financial requirements (including, but not limited to, variable payment terms); and 6.2.2. to mitigate the effect of variable payment terms on our business while helping to contribute towards improved levels of service. 6.3. In short, this variable fee model incorporates discounts and surcharges on the quoted fee for early and extended payments, respectively: 6.3.1. Where we quote a client for work to be done for a fixed fee, the quoted fee will vary on the following basis: Up front 75% 25% 0% On invoice 100% 0% 0% 0-30 days 75% 0% 25% 31+ days 75% 0% 50%
Payment: Deposit due Discount Surcharge 6.3.2.
Where we quote a client for work to be done either on an hourly fee or retainer fee basis, the quoted fee will vary on the following basis:
Payment: Deposit due Discount Surcharge 6.3.3.
Up front 100% 0% 0%
On invoice 100% 0% 0%
0-30 days 75% 0% 25%
31+ days 75% 0% 50%
An example of how this fee model may work in practice is annexed to these terms.
6.4.
Our fees are based upon an appraisal of the value of the professional advice and services rendered, giving appropriate consideration in each case to: 6.4.1. The time and labour required and experience of those performing the services; The complexity, novelty and difficulty of the issues raised and the skills required;
6.4.2.
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6.4.3.
The urgency with which we were instructed to deal with the matter (in particular, the necessity to work outside normal hours may lead to Increased rates);
6.4.4.
The contribution made, responsibility assumed, amount involved and results achieved; The number and length of documents prepared and reviewed; Where and when the work was carried out; and Any extraordinary efforts required to meet special constraints or other requirements imposed by the client or the circumstances.
6.4.5. 6.4.6. 6.4.7.
6.5.
We have a number of fee options available to our clients: 6.5.1. 6.5.2. 6.5.3. Hourly fees; Fixed fees; and Retainer fees.
6.6.
We prefer alternative fee structures to our hourly fee structure which are aimed at providing you with better value for your money and greater certainty as to what you are spending on legal fees. options below. You can find more information about these
6.7.
Hourly fees 6.7.1. Hourly billing is not our preferred method of billing our clients. That being said, circumstances may arise where it is either not possible, feasible or desirable to agree on a fixed or retainer fee. 6.7.2. Therefore, unless otherwise agreed, we operate on an hourly fee basis. Our standard hourly rate is R1 000 per hour. You agree that we may increase our hourly rate or change our fee structure from time to time. Where we change the fee structure applicable to you, we will endeavour to notify you at least a month in advance. 6.7.3. We require that you pay us a deposit up front. The amount of the deposit we require, which will vary depending on the nature of the matter, must be paid upfront unless otherwise agreed. You are also required to maintain the deposit by paying our invoices in full, irrespective of the deposit we hold. Work on your file will commence once the deposit has been received in full. 6.7.4. At the end of each month we will invoice you for work done that month and deduct our fees and disbursements for that month from the deposit unless we have agreed otherwise (for example, where you invest money with us, this investment will only be disposed of on the terms we have agreed or as permitted by law). Page 5 of 17
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6.8.
Fixed fees 6.8.1. Certain matters or projects lend themselves to fixed fees. Typically these projects have very specific deliverables and may include preparation of documents, a report on a set of issues and so on. 6.8.2. These fees vary from project to project and, as with all our fees, we will quote you upfront. Please let us know if you have budgetary constraints so we can assist you where possible either through easier payment terms or an otherwise modified quotation. 6.8.3. We do require a deposit before we begin work on the project. Depending on the proposed fee, the deposit may equal the proposed fee or it may be a percentage of that fee. We will include details of the deposit in our initial quotation.
6.9.
Retainer fees 6.9.1. Retainer fees are ideal for clients who either require ongoing work or who wish to instruct us to handle work over a longer period of time than is usually the case. The latter type of work includes litigation or similarly protracted matters. 6.9.2. This fee model involves regular payments of a set fee to cover all work done in the period concerned. A good example is a regular monthly fee to cover various attendances for a client during the course of a month. 6.9.3. Our retainer fees are agreed periodically and are subject to regular review by both you and us to ensure that you receive the most value from the retainer fee and this arrangement remains economically viable for us. Retainer fees mean more certainty for you because your fees are capped at a fee that is set based on your requirements. You only pay for certain costs and you wonʼt receive invoices from us for petty charges like phone calls, faxes and so on. 6.9.4. Retainer fees are payable in advance and by the 25th day of the month immediately preceding the month in which we perform our services. For example, we must be paid by 25 January for work to be done in February. 6.9.5. You may opt to have retainer fee arrangements automatically roll over or terminate at the end of a predefined time period. The default position is that the retainer fee arrangement will terminate at the end of its predefined time period unless you notify us, in writing and one month in advance, that you wish to continue with the agreed retainer fee. 6.9.6. Where the retainer fee arrangement terminates, we will default to an hourly fee in respect of further work you wish us to do for you. You are free to
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negotiate a new retainer fee at any time once the previously retainer fee arrangement has lapsed. 6.10. Disbursements The following disbursements will be charged to your account and included in our invoices to you: Disbursements paid to third parties on your behalf; Revenue Stamps as required; Sheriffʼs fees as charged; Counselʼs fees as charged.
6.10.1.
6.10.1.1. 6.10.1.2. 6.10.1.3. 6.10.1.4. 6.10.2.
We do not charge you for the following where you have met the requirements of the fee structure you have selected or which you have defaulted to:
6.10.2.1. 6.10.2.2.
Telephone calls under 5 minutes in duration; Communications with you in which we simply provide you with an update of your file without contributing further to the progress of your matter;
6.10.2.3.
Travel costs within the City of Johannesburg (we will, however, invoice you for our reasonable travel costs outside the City of Johannesburg).
6.11.
General fee related comments Please note that we will only begin working on your file once we have received the required deposit or the agreed fee where we have agreed on a fixed or retainer fee.
6.11.1.
6.11.2.
We reserve the right suspend work on your file if our invoices remain unpaid after they fall due. Should our invoices remain unpaid within 10 days of the date on which payment was due, we will close your file. You agree to indemnify us and waive any claim you may have against us which may arise out of our suspension of work on your file or should we close your file due to non-payment of our invoices in full and on time.
6.12.
We reserve the right to charge interest at the prevailing prime interest rate as quoted by The Standard Bank of South Africa Limited (you agree that a certificate by a manager constitutes adequate proof of this) if payment is not made timeously.
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6.13.
We ask that you pay each invoice in full on receipt of the invoice unless we have agreed otherwise. All payments, whether in terms of our invoices or otherwise must be paid into our trust account, the details of which are as follows: Account holder Bank Branch Branch code Account number Jacobson Attorneys Trust Account Standard Bank of South Africa Limited Sandton 01 92 05 042 984 815
6.14.
We reserve the right to institute proceedings against you to recover the amounts due to us. This may include reporting the matter to the appropriate credit bureau. Should this be necessary, you agree that you will be liable for our costs on an attorney and client basis, interest on the unpaid amounts from their due date as well as any collection commission which may be due.
6.15.
Our services are provided by the firm as a whole utilising our total personnel, experience, precedents and other resources. Where there is more than one of you, your responsibility to us for payment of our invoiced fees shall be joint and several.
7. Financial Intelligence Centre Act 7.1. The Financial Intelligence Centre Act (No. 38 of 2001) (“FICA”) imposes certain legal obligations on all law firms, including Jacobson Attorneys. 7.2. One of our primary obligations in terms of FICA is that prior to acting for a client we are obliged to collect and verify certain prescribed information. Accordingly we attach schedules setting out the information we are obliged to obtain and the documentation to be furnished to us to verify such information. 7.3. Please note that we will only begin working on your file once we have received the requisite FICA documents. The reason for this is that we are liable for severe penalties should we fail to comply with FICA. 7.4. Please send the required documentation and information to us either by email, fax or hand delivery. Our contact details are set out above.
8. Clients' money 8.1. All clients' money accepted by the firm will be held in an account separate from the firm's money (this includes deposits). This account is known as a “trust account”. 8.2. We reserve the right to pay fees and disbursements out of these funds unless these funds are to be specifically reserved for other purposes. Page 8 of 17
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8.3.
By law, interest on balances in our trust account is payable to the Law Society unless you specifically instruct us to invest these funds in an interest bearing account for your benefit, in which case we will require a written mandate from you in this regard. If you would like further details of this, please do not hesitate to ask us. All clients' details are confidential (except under compulsion of law).
9. Insurance cover 9.1. Professional indemnity cover is maintained through the Attorneysʼ Fidelity Fund 1.
10. E-Mail Communication and the Internet 10.1. Although the majority of Internet messages reach their destination safely, as you may be aware the Internet is neither private nor secure, nor are there services that presently guarantee prompt and accurate delivery of these messages. Consequently we advise you, for security and reliability reasons, to carefully consider the risks of using the Internet for sending to us or receiving from us messages or documents which are confidential or time critical. 10.2. If, however, you choose to contact us or send us documents, or ask us to communicate with you or send you documents via the Internet we will assume that you wish communications between yourselves and ourselves to be conducted via the Internet notwithstanding the security and reliability issues mentioned above. 11. Storage of files 11.1. Generally we will retain all files in respect of your affairs for a minimum period of 5 years from the commencement of the matter. We may destroy such files as we consider appropriate after this period. 11.2. Where possible we store documentation in a digital format on various forms of digital media in an effort to improve our quality of service. This practice may require that we have documentation in our possession converted into a digital format by third party service providers from time to time, which you specifically consent to. The costs of doing this will be dealt with in terms of 7 above. 12. Copyright 12.1. Copyright in and to documents and content generated for you in the course of carrying out work for you vests in Paul Jacobson trading as Jacobson Attorneys. We license these documents and content to you under a Creative Commons Attribution No Derivative Works 2.5 ZA License 2. We do this in order to give you the ability to share and make use of documents and content we prepare for you within the parameters of the license without the need to seek permission from us.
12.2.
1 2
you can find out more information about the Attorneysʼ Fidelity Fund at www.fidfund.co.za click on the license title for more information about the license.
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12.3.
Please bear in mind that we may make use of 3rd party documents or content which may not be licensed under this license. Should you wish to make use of such 3rd party documents and content, you must seek permission from the relevant rights holder.
13. Non-South African advice 13.1. Where appropriate, on your behalf, we may be able to obtain advice on matters of foreign law from suitably qualified foreign legal advisers and for this purpose we shall be deemed to be authorised by you to disclose all relevant information to the foreign legal adviser. 13.2. In such circumstances our role will be limited to obtaining and communicating the advice rendered by the foreign legal adviser without responsibility or liability on our part for the accuracy or content of such advice. 14. Termination of instructions 14.1. If we cease to act for you, you will be responsible for fees and disbursements up to the date of termination and any fees and disbursements associated with the transfer of such work to another adviser of your choice. 14.2. Please note that we reserve the right to withhold files and documents if fees and disbursements remain unpaid. 15. Disputes 15.1. In the event that any claim, matter or dispute arises between you and us out of or in connection with your use of or access to the website then such claim, matter or dispute may, at our election, be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa in a venue of our choice and by an arbitrator appointed by the Foundation. 15.2. Either party shall be entitled to have an arbitration award made an order of court of competent jurisdiction. 15.3. Any dispute shall be deemed to have been referred or subjected to arbitration in terms of this clause when either party gives written notice to the other of the dispute, demands an arbitration and requests agreement on an arbitrator. 15.4. The provisions of this clause are severable from the rest of these terms of use and shall remain in effect even if these terms of use are terminated for any reason. 15.5. The parties shall keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated herein. 15.6. The arbitrator shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
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15.7.
Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or in our case, to collect any outstanding debts due and payable by you to us.
16. Governing law 16.1. Jacobson Attorneys is operated from Johannesburg, Gauteng, Republic of South Africa. 16.2. We both agree that these terms of use shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. 16.3. You irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of your claim may exceed the ordinary monetary jurisdiction of the Magistrates Court. 16.4. You also irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg. 17. Legal service of documents 17.1. Jacobson Attorneys chooses the addresses above for all communication purposes under these terms of use, whether in respect of court process, notices or other documents or communications of whatsoever nature. 18. Privacy policy 18.1. We shall take reasonable steps to protect your personal information. For the purposes of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000. 18.2. As a firm of attorneys, we are bound by legal professional privilege which is yours to waive should you so desire. In the absence of a specific, written waiver of this privilege from you, we will hold all applicable information confidential and will not disclose this information except where required to do so by law. 18.3. You consent to us collecting and processing your personal information for the purpose/s set out in this privacy policy. This personal information includes, but is not limited to, the following: 18.3.1. 18.3.2. 18.3.3. 18.3.4. 18.3.5. 18.3.6. name and surname; contact details; address details; identity and/or company registration information; email address; information about your business; Page 11 of 17
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18.3.7. 18.3.8.
details of your business dealings which may be disclosed to us; details of products and/or services you and/or your business sells and/or render as may be disclosed to us;
18.3.9.
personal information pertaining to 3rd parties which you may disclose to us; and/or
18.3.10. your views and opinions about a variety of issues. 18.4. We collect and process the personal information listed above in order to (but not limited to the following)– 18.4.1. provide legal services and/or generally render services to you based on your requirements and in accordance with your instructions; communicate requested information to you individually; communicate information to you as a member of a group, for example through newsletters; and 18.4.4. 18.5. compile and maintain a client database for information purposes.
18.4.2. 18.4.3.
The personal information is collected from you either electronically or on paper or from publicly available sources of information including the Internet.
18.6.
Your personal information forms part of your file which we open when we first take instructions from you or receive a communication from you. We are required, by law, to retain our records for prescribed periods of time. personal information. This includes your
18.7.
Jacobson Attorneys may collect and process your personal information subject to the following: Jacobson Attorneys shall not disclose personal information to any third party unless you consent to such a disclosure;
18.7.1.
18.7.2.
We shall disclose your personal information without your consent only where we are compelled to do so by law; and
18.7.3.
We may compile, use and share any of the information that does not relate to or identify specific individuals.
18.8.
In the event that you discover we hold personal information about you which is inaccurately or incompletely reflected in our records, you agree that it is your responsibility to notify us of this fact and to supply us with the accurate or complete information to enable us to address your concerns.
19. Should you wish to discuss any aspect of these terms and conditions of appointment, please contact Paul Jacobson. Page 12 of 17
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20. We look forward to being of assistance to you in this matter.
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Variable Fee Model Example The purpose of this example is to illustrate how our variable fee model will work in practice. It is not indicative of our actual fees which vary from case to case. Our usual practice is to quote our fees before we begin working on a job. In this example, we have quoted Client a R10 000 baseline fee to complete a job. There are two possible scenarios because the variable feel model varies depending on whether the quoted fee is a fixed fee on the one hand or whether it is a retainer fee or an hourly fee, on the other hand. The deposit payable upfront will also vary but it is important to note that we still require a deposit in all instances and this deposit is payable before we begin working on a job. We will also charge interest on late payments (in other words, payments made after our agreed due date for payment). Scenario 1 (a R10 000 fixed fee): As we mentioned above, fixed fees attract a discount and certain surcharges depending on when a fee is to be paid. Deposit due Fee payable R15 000
R15 000
R12 500
R11 250
R10 000 R10 000 R7 500 R7 500
R7 500 R7 500
R7 500
R3 750
R0
Upfront
On invoice
0-30 days
31+ days
This model benefits clients for whom we are able to quote fixed fees and who are able to pay us upfront (in other words, prior to commencement of work). It also benefits those clients who pay us on receipt of our invoice. While clients who elect to pay us after presentation of our invoice are only required to pay a lower deposit (in this example, 25% less than the baseline deposit), our fees do increase by between 25% and 50% of the baseline fee where clients prefer to pay on extended payment terms.
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Scenario 2 (a R10 000 retainer or hourly fee basis): Retainer fees and hourly fees do not attract the same discount upfront as fixed fees due to their nature. Retainer fees already incorporate provision for a discount if the work done is more than initially estimated. Hourly fees are, by their nature, uncertain and while we will calculate a deposit to be paid, the upper end of a fee based on an hourly rate is generally unknown at the inception of a job. The hourly fee will begin at R0,00 and escalate from there and while this isnʼt a very effective illustration of an hourly fee due to its inherent uncertainty (one of the reasons we donʼt recommend hourly fees), the general trends are more indicative of how a total hourly fee will be calculated although the percentage surcharges will remain as indicated above. Deposit due
R15 000
Retainer fee payable
Hourly fee payable R15 000
R12 500
R11 250
R10 000 R10 000 R7 500
R10 000 R10 000 R7 500 R7 500
R3 750
R0
Upfront
On invoice
0-30 days
31+ days
Clients who we quote either retainer fees or hourly fees do not have the benefit of a discount to their deposit or initial fees but, as with fixed fees, our fees do still increase by between 25% and 50% of the baseline fee where clients prefer to pay on extended payment terms.
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FICA documentation required:
NATURAL PERSONS (SOUTH AFRICAN AND FOREIGN)
Documents to be obtained: Identity Document Or Passport if foreign Utility Account (indicating client's residential address) (South African only)* OR OR If the client cannot produce an Identity Document, another form of identity which bears a) photograph of person; b) full names or initial and surname; c) date of birth; d) identity number. Some other document indicating residential address or, as a last resort, a sworn statement is acceptable.
*For foreign individuals, instead of utility account merely obtain the residential address. It does not have to be verified.
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SOUTH AFRICAN NON-LISTED COMPANIES / CLOSE CORPORATIONS
Documents to be obtained:
1 2 3 4 5
Certificate of Incorporation (CM1) / Founding Statement and Certificate of Incorporation (CK1) Notice of Registered Office (CM22) / Amended Founding Statement (CK2) Letter from auditor/company secretary confirming trade name and main business address Identification document of principal executive officer (ie Managing Director or Chief Executive Officer) and details of his/her residential address and contact particulars (not required to be verified) Identification document of each person authorised to instruct Jacobson Attorneys (to be obtained from time to time when the person first instructs Jacobson Attorneys and thereafter need not be obtained again) and details of residential address and contact particulars (not required to be verified)
and where there is a member holding an equity interest of 25% or more, in respect of each such member, only one of the following 6. in respect of natural persons 6.1. Identity Document or passport and residential address and contact particulars (not required to be verified), or 7. in respect of companies 7.1. CM1 and CM22 and letter contemplated in 3 above (in respect of a company); or 7.2. CK1 and CK2 (if applicable) and letter contemplated in 3 above (in respect of a close corporation); or 7.3. in respect of a foreign company, official document issued by an appropriate authority, witnessing its incorporation and bearing its name and number of 7.4. incorporation and address where it is situated for purposes of incorporation; or 7.5. in respect of a legal person other than a company, close corporation or foreign company the constitution or other founding document in terms of which the legal person is created and which provides the name and address of such legal person; or 7.6. in respect of a partnership, document (Partnership agreement or confirmation from independent source) confirming name of partnership; or 7.7. in respect of a trust, letters of authority or copy of trust deed or other founding documents in terms of which the trust is created; or 8. alternatively to 7.1 to 7.7 above, any other confirmation from a reasonably acceptable independent source, which provides the information which would otherwise be contained in the above documents.
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