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  •  

Property Lawyers and Conveyancing Solicitors in Manchester at Ford Banks Irwin Solicitors for Charities

 
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY

. . . continued from page 2

Solicitors for Charities

The Official Custodian:

Where Property is vested in the Official Custodian the Conveyancing Solicitors and Property Lawyers must also lodge with the application either:
- a certified copy of an order of the Court made under s. 21(1) of the Charities Act 1993;
- a certified copy of an order of the Charity Commission made under ss16 or 18 of the Charities Act 1993

The address of the Official Custodian will be entered as the address for service if the Property is vested in him or her by virtue of an Order under s18 of the Charities Act 1993.  Otherwise, the Conveyancing Solicitors and Property Lawyers should supply the address of the charity trustees or, in the case of a charity that is a corporation, the address of the charity for entry in the Property Title register.


Exempt Charities - production of trust document

Where the disposition is in favour of an exempt charity, the document creating the charitable trust should be lodged by the Conveyancing Solicitors and Property Lawyers at HM Land Registry.


A none-exempt charity incorporated otherwise than under the Companies Acts or the Charities Act 1993

In this case, the Conveyancing Solicitors and Property Lawyers should lodge a copy of the charity charter, statute, rules, memorandum and articles or other document constituting the corporation.  Alternatively a certificate may be given by the applicant's Conveyancing Solicitors or Property Lawyers on the correct form that there are no limitations on the charity's power to hold or deal with the Property.


Registered social landlords and unregistered housing associations that are charities

In most cases, the application must contain or be accompanied by an appropriate certificate.


Applications for restrictions

In some circumstances, application should be made either in the disposition or on form RX1 for an appropriate restriction to be entered in the register.

Other points to remember:
- unlike private trusts, there is no limit to the number of trustees who may hold an estate vested in them under a charitable trust
- the addresses for service stated in the disposition in favour of the charity or in the application form will be entered in the register and will then be used for the service of any notices.  The Conveyancing Solicitors and Property Lawyers may use the office address for service if agreed with the Charity.
- if the transfer contains covenants or declarations by the transferee(s), or an application for a restriction, it should be executed by the transferee(s)


Registration of charities as proprietors

Registration of a proprietor vests the Property in that registered proprietor. Generally, third parties acting in good faith may assume that a registered proprietor has full power to enter into disposition authorised by the Land Registration Act 2002, unless the register contains a restriction or other entry to the contrary.

In the case of non-exempt charities, the Charities Act 1993 imposes an obligation on the register to enter a restriction that reflects the powers of the proprietor.  Land Registry will be able to decide whether such a restriction is necessary from the statement made in the disposition.  If the estate is vested in the Official Custodian, an additional restriction may be necessary.

For exempt charities, the registrar is not obliged to enter a restriction.  If a restriction is required because of limitations on the powers of the charity, the Conveyancing Solicitors and Property Lawyers should apply for an appropriate restriction to be entered in the register.


Entry of proprietors

If a charity is a corporation Land Registry will enter its name and address in the register in the  normal way, with the company registration number if applicable.

Where the charity trustees are individuals Land Registry will enter them as proprietors in the usual way, except that Land Registry will enter an appropriate description after the names and addresses of the proprietors. For example:

'(date) Proprietor: Manchester House of Timperley Altrincham Court,  Stockport House of Lymm Cheshire Court,  Salford House of Chorlton Court, the trustees of the charity known as the Nationwide Property Conveyancing Trust'

Where the charity trustees have been incorporated under Part Vii of the 1993 Act the registration will be completed as follows:

'(date) Proprietor: The Trustees of the Nationwide Property Conveyancing Trust of Cheshire and Manchester, incorporated under Part VII of the Charities Act 1993'

Charity trustees incorporated under the Charitable Trustees Incorporation Act 1872 are now treated as having been incorporated under Part VII of the 1993 Act.

Where the Property has been transferred to the Official Custodian then the registration will be completed as follows:

'(date) Proprietor: The Official Custodian for Charities on behalf of the Nationwide Property Conveyancing Trust of Cheshire and Manchester'

Similar entries will be made where a charity is registered as proprietor of a charge.
 

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry


. . . continued on page 4 (Property Lawyers and Conveyancing Solicitors in Manchester page 4)

  
If you require any further information please telephone 0161 866 8999 and we will be happy to help.

    

Contact Us

Ford Banks Irwin Solicitors
50 Stothard Road
Manchester
M32 9HB


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