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 13 . . .
Transfer of Deeds or Names on Title Deeds
Execution of Deeds by other Corporations incorporated in the UK
Building Societies
Under section 5(2) - (4), Building Societies Act 1986, Building Societies are corporate bodies and so a purchaser from a Building Society can rely on the protection given by section 74(1) Law of Property Act 1925. If, therefore, the attestation clause is in the form set out in section: Execution by a Company under its common seal, Land Registry will accept the Deed.
Land Registry will normally be able to accept a form DS1 or form DS2 submitted by Conveyancing Solicitors and Property Lawyers where:
- the seal is affixed to the form and attested in accordance with section 74(1)
- the seal is affixed to the form in the presence of and attested by an individual who is described as acting by authority of the board of Directors, or
- the form is signed by an individual who is described as duly authorised by the board of Directors.
Similarly, Land Registry will normally be able to accept a vacating receipt endorsed on an unregistered Building Society charge where it is sealed or signed in any of the three ways above.
Industrial and Provident Societies
Industrial and Provident Societies are registered under the Industrial and Provident Societies Act 1965.
Many (but not all) Housing Associations are Industrial and Provident Societies.
They may execute Deeds under their common seal. Alternatively, from 20 October 2003, the Deed may be:
- signed by a member of the committee and its Secretary or by two Members of the committee
- expressed (in whatever form of words) to be executed by the Society (as provided for by section 29C, Industrial and Provident Societies Act 1965 as inserted by the Co-operatives and Community Benefit Societies Act 2003).
Execution of Deeds by foreign corporations
Conveyancing Solicitors and Property Lawyers need to consider carefully the implications of dealing with corporations from outside the UK.
With the coming into effect of the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009 an overseas Company can execute in one of three ways. The regulations apply section 44 Companies Act 2006 to overseas Companies with some amendments.
Whichever method is used, Land Registry need to see evidence of the corporate status of the corporation, unless it is already the proprietor of the Property or Mortgage and one of the methods of execution set out in this section is used.
The evidence produced by Conveyancing Solicitors and Property Lawyers might consist of a letter from a qualified Lawyer practising in or familiar with the domestic legislation of the territory of incorporation (with a translation if the letter is not in English or Welsh). Such a letter should confirm that the corporation has a separate legal personality and that its ownership of Property is separate from the ownership of its Members and Officers. see Von Hellfeld -v- Rechnitzer and Mayer Freres Co [1914] 1 CH. 748, 754-755.
Execution under common seal
A corporation possessing a common seal may execute Deeds using that seal. The points made in section: Execution by a Company under its common seal apply if a Deed is executed in this way.
If the witness who is a permanent officer of the corporation is not a 'clerk', 'deputy clerk', 'secretary' or 'deputy secretary', Conveyancing Solicitors and Property Lawyers should add to the description below the signature a note to the effect that the signatory is a permanent officer of the corporation, eg 'Chief General Manager (a permanent officer of the corporation)' Likewise, if the witness who is a member of the governing body has a title which does not make this clear, Conveyancing Solicitors and Property Lawyers should add an appropriate note to the description below the signature, eg 'Member of the Senate (being the governing body of the corporation)'.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 15 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 15)
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