Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer of Deeds and Names on Title Deeds of any House / Apartment / Flat.
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 12 . . .
Transfer of Deeds or Names on Title Deeds
Execution of Deeds by other Corporations incorporated in the UK
This section considers how Conveyancing Solicitors and Property Lawyers deal with Corporations aggregate other than companies registered under the Companies Acts and unregistered companies. So among the corporations this section does cover are those incorporated by or registered under public general Acts other than the Companies Acts; this includes Building Societies, Industrial and Provident Societies, incorporated friendly societies, higher and further education corporations, the governing bodies of maintained schools and local authorities.
The relaxation of the common law requirement for a Deed to be executed under seal, which enables sealing to be dispensed with in the case of Deeds executed by individuals, does not extend to corporations sole (section 1(10) Law of Property (Miscellaneous Provisions) Act 1989). The statutory provision (section 44(2) Companies Act 2006) allowing companies to execute by a signature on behalf of the Company does not apply to the corporations aggregate with which this section is concerned. Land Registry will, therefore, require that a corporation sole or aggregate executes under seal except where the Conveyancing Solicitors and Property Lawyers for the applicant are able to point to some specific statutory exemption in relation to the corporation concerned.
If the corporation is a corporation aggregate and the attestation clause is in the form set out in section: Execution by a Company under its common seal, Land Registry will normally accept the Deed without further evidence - section 74(1) Law of Property Act 1925 will apply in favour of a Purchaser.
The legislation or other document (such as a Royal Charter) under which the corporation is incorporated will normally provide for it to have a corporate seal and for the use of the seal in the execution of Deeds. If the corporation is authorised to execute a Deed by affixing its seal other than in accordance with section 74(1) and such a method of execution is adopted, then Land Registry will need to see the legislation or document of incorporation. If, however, incorporation is under the provisions of a public general Act, Land Registry will not require a copy of the legislation to be lodged with the Deed, although they would ask the Conveyancing Solicitors and Property Lawyers to make reference to that appropriate section or sections of the legislation in a covering letter sent with the Deed.
Limited Liability Partnerships
A limited liability partnership is a body corporate, with legal personality separate from that of its members, formed by being incorporated under section 1(2) Limited Liability Partnerships Act 2000.
Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (SI 2009/1804) applies section 44-47 Companies Act 2006 to limited liability partnerships, so they may execute Deeds as provided by section 44 Companies Act 2006. The regulations modify section 44 Companies Act 2006 so that the references to a Director and the Secretary, or two Directors, of the Company are to be read as references to two members of the limited liability partnership (regulation 4).
Land Registry suggest that Conveyancing Solicitors and Property Lawyers use the following attestation clause where a Deed is to be executed by a limited liability partnership without using a common seal, acting by two members.
Executed as a Deed by (name [Signature . . . Member]
of limited liability partnership)
acting by two members [Signature . . . Member]
Land Registry suggest that Conveyancing Solicitors and Property Lawyers use the following attestation clause where a Deed is to be executed by a limited liability partnership, without using a common seal acting by a single member.
Executed as a Deed by (name of [Signature . . . Member]
limited liability partnership)
acting by a Member
in the presence of:
Signature of witness . . .
Name (in Block Capitals) . . .
Address . . .
If instead the limited liability partnership uses a seal, Land Registry can accept this provided the attestation clause is as in section: Execution by a company under its common seal, but with two Members witnessing the affixing of the seal.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 14 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 14)
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