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 14 . . .
Transfer of Deeds or Names on Title Deeds
Execution of Deeds by foreign corporations
Execution under common seal
A foreign Corporation may be able to execute in this way even though it has not hitherto had a seal (perhaps because the sealing of Deeds is unknown to the law of its domicile). Provided there is nothing in the Corporation's constitution or domestic law to fetter its powers in this respect, it would appear to be open to the Board, Council or other governing body to adopt a seal for the purpose of executing Deeds in relation to Property in England and Wales. It could use a wafer sale. The attestation clause prepared by Conveyancing Solicitors and Property Lawyers in the form set out in the section: Execution by a Company under its common seal should then be used, adapted as necessary.
Execution in a manner permitted by the local law
Under Regulation 4 of the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009 the Deed can be executed "in any manner permitted by the laws of the territory in which the company is incorporated for the execution of documents by such a Company". If this method is used, Land Registry shall require evidence from the Conveyancing Solicitors and Property Lawyers (which might include a letter from a qualified lawyer practising in or familiar with the domestic legislation of the territory of incorporation) to establish that the manner of execution used is indeed effective according to the law of the territory of incorporation. Any documentation in a language other than English or Welsh will need to be accompanied by a translation.
Execution by signature of authorised person(s)
The Regulations apply section 44(2) Companies Act 2006 as amended as follows:
"(2) A document which:
(a) is signed by a person who, in accordance with the laws of the territory in which an overseas company is incorporated, is acting under the authority (express or implied) of the Company, and
(b) is expressed (in whatever form of words) to be executed by the Company,
has the same effect in relation to that Company as it would have in relation to a Company incorporated in England and Wales or Northern Ireland if executed under the common seal of a Company so incorporated"
Section 44(3) Companies Act 2006 also amended to read:
(3) In favour of a purchaser a document is deemed to have been duly executed by an overseas company if it purports to be signed in accordance with subsection (2)"
In the case of a transfer of registered Property, or other instrument whose form is prescribed, Land Registry will require the following attestation clause if this form of execution is used
Signed as a Deed on behalf of [Signature(s) . . .
(name of Company), a Company
incorporated in (territory), by (full Authorised signatory / signatories]
name(s) of person(s) signing),
being (a) person(s) who, in
accordance with the laws of
that territory, [is / are] acting under
the authority of the Company
Execution of Deeds following appointment of a nominee, supervisor, administrator, receiver or liquidator
Voluntary arrangements - appointment of a nominee or supervisor
It is possible for a Company in difficulties to enter into a voluntary arrangement or composition with its creditors. A person appointed to supervise the implementation of the scheme and is known as a 'nominee' until the scheme is approved by a meeting of creditors and a meeting of the Company, whereupon they become a 'supervisor'. Unless the scheme is such that the Company's Property has been transferred to the nominee or supervisor as trustee, the Property remains vested in the Company and it must execute Deeds prepared by Conveyancing Solicitors and Property Lawyers in the normal way.
(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 on Transfer of Deeds or names on Deeds 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
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