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 15 . . .
Transfer of Deeds or Names on Title Deeds
Execution of Deeds following appointment of a nominee, supervisor, administrator, receiver or liquidator
Voluntary arrangements - appointment of a nominee or supervisor
Following the making of an Administration Order, Land Registry can accept a Deed executed by the administrator in either of the following terms:
Executed as a Deed by affixing [Common seal of Company]
the common seal of (name of
company) (in administration) in
the presence of:
Administrator . . .
Signed as a Deed by (name of [Sign here the name of the company
company) (in administration) by and your own name eg
(name of administrator) its
administrator, pursuant to Manchester Ltd by Jane Brown its
powers conferred under the administrator]
Insolvency Act 1986, in the
presence of:
Signature of Witness . . .
Name (in block capitals)
Address . . .
Conveyancing Solicitors and Property Lawyers will need to lodge evidence of the appointment of the administrator with the Deed unless the appointment is already noted on the Property Title Deeds.
Receivership
Debenture holders can appoint a Receiver under section 101(1)(iii) Law of Property Act 1925, unless a contrary intention is expressed. Such a Receiver has not statutory power to execute on behalf of the Company.
However, a debenture will usually contain an express power to appoint a Receiver and give the Receiver the right to sell or otherwise dispose of the Company's Property, with the power to execute in the name and on behalf of the Company. Land Registry suggest the following form of execution be used by such a Receiver.
Signed as a Deed by (name of [Sign here the name of the Company
company) by (name of Receiver), and your own name et
its Receiver, pursuant to powers
granted to (him / her) by clause Manchester Ltd by Jane Brown, its
(relevant clause number) of a Receiver]
debenture dated (date) in favour
of (name of Lender) in the
presence of:
Signature of Witness . . .
Name (in block capitals) . . . .
Address . . .
Where an application is made by Conveyancing Solicitors and Property Lawyers for registration based on a disposition by a Receiver, Land Registry require:
- the debenture or a certified copy of it, unless the debenture has been registered or noted
- evidence that the power of appointment of the Receiver has arisen (usually) a certificate by or on behalf of the debenture holders that the power of appointment has arisen will be sufficient), and
- a certified copy of the appointment of the Receiver.
Administrative Receivership
An Administrative Receiver is either:
- a Receiver or manager of the whole (or substantially the whole) of a Company's Property appointed by or on behalf of holders of any debentures of the Company secured by a Mortgage which, as created, was a floating charge, or such a Charge and one or more other securities, or
- a person who would be such a Receiver or Manager but for the appointment of some other person as the Receiver of part of the Company's Property (section 29(2) Insolvency Act 1986)
An Administrative Receiver cannot be appointed by the holder of a debenture dated on or after 15 September 2003, notwithstanding any provision contained in the debenture (section 72A Insolvency Act 1986, which came into force on that day). This is subject to limited exceptions set out in section 73B to 72GA, Insolvency Act 1986.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 17 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 17)
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
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Manchester
M2 4PD
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