- Domicilium just means “home”. This clause allows you to nomiate a home where all formal notices can be served. If a notice is served to this address/fax number/email address in the way indicated in the agreement, it is considered to have been received.
- Make sure the agreement gives a South African physical address and email address to which formal notice can be given between the parties.
- Also make sure the agreement provides how notice is to be given. For example, the agreement could provide that if delivered:
- by hand, the notice is deemed to have been received on date of delivery;
- by email, the notice is deemed to have been received on the day following the date of transmission;
- by registered mail, the notice is deemed to have been received within 7 days of posting.
- Fax numbers are handy, but seem to be seldom used any longer. Emailed notices are useful but the parties must remember this and read all emails relating to the matter.
- Whatever you give as your domicilium, make sure you will receive any notice sent to you in that way. For example, you may want to provide that if a notice is sent to you by email, it must be copied to your attorneys.
