Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Buying / Selling Leases and Business Premises
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 14 . . .
Buying and Selling Leases
Appendix A - form 1 - Certificate as to execution of Power of Attorney
Date of Power of Attorney . . .
Donor of Power of Attorney . . .
Donee of Power of Attorney . . .
I/We . . . of . . . certify that:
- the Power of Attorney ("the Power") is in existence [and is made and, where required, has been registered under (state statutory provision under which the power is made if applicable)],
- the power is dated (insert date)
- I/We are satisfied that the Power is validly executed as a deed and authorises the Attorney to execute the document on behalf of the donor of that power and
- I/We hold [the instrument creating the Power] or [a copy of the Power by means of which its contents may be proved under section 3 of the Powers of Attorney Act 1971] or [a document which under section 4 of the Evidence of Powers of Attorney Act 1940, paragraph 16 of part 2 of schedule 1, or paragraph 15(3) of Part 5 of the schedule 4 of the Mental Capacity Act 2005 is sufficient evidence of the contents of the power].
Signature of Conveyancer . . . Date . . .
Appendix B - form 2 - Statutory declaration / certificate / statement of truth as to non-revocation for powers more than 12 months old at the date of the disposition for which they are used (rule 62)
Date of Power of Attorney . . .
Donor of Power of Attorney . . .
I . . . of . . . do [solemnly and sincerely declare] or [certify] or [state] that at the time of completion of the . . . to me/my client I/my client had no knowledge:
- of a revocation of the Power, or
- of the death or bankruptcy of the donor or, if the donor is a corporate body, its winding up or dissolution, or
- of any incapacity of the donor where the power is not a valid lasting or enduring power of attorney, or
Where the power is in the form prescribed for a lasting Power of Attorney:
- that a lasting Power of Attorney was not created, or
- of circumstances which, if the lasting Power of Attorney had been created, would have terminated the Attorney's authority to act as an Attorney, or
Where the power is in the form prescribed for an enduring Power of Attorney:
- that the power was not in fact a valid enduring power, or
- of an Order or Direction of the Court of Protection which revoked the power, or
- of the bankruptcy of the Attorney, or
Where the power was given under section 9 of the Trusts of Land and Appointment of Trustees Act 1996:
- of an appointment of another trustee of the Land in question, or
- of any other event which would have the effect of revoking the power, or
- of any lack of good faith on the part of the person(s) who dealt with the Attorney, or
- that the Attorney was not a person to whom the functions of the trustees could be delegated under section 9 of the Trusts of Land and Appointment of Trustees Act 1996, or
Where the power is expressed to be given by way of security:
- that the power was not in fact given by way of security, or
- of any revocation of the power with the consent of the Attorney, or
- of any other event which would have had the effect of revoking the power.
Where a certificate is given:
Signature of Conveyancer / Solicitor . . . Date . . .
Print name . . .
Firm name or employer (if any) . . .
Capacity (e.g. acting for . . . )
Where a Statutory Declaration is made:
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.
Signature of declarant(s) . . . Date . . .
Declared at . . .
before me, . . .
a person entitled to administer oaths.
Name:
Address:
Qualification:
Signature:
Where a statement of truth is made:
I believe that the facts and matters contained in this statement are true.
Signature of . . . Date:
Print Name:
Firm Name of employer (if any) of any Conveyancer / Solicitor signing
Capacity (eg. acting for. . . )
Standard Warning appears thereafter.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 16 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling Leases 16)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
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Manchester
City Centre Serviced Office - Conference rooms are also
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Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
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