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 21 . . .
Transfer of Deeds or Names on Title Deeds
Execution under a Power of Attorney
Powers of Attorney more than a year old
The legal position should be clarified by the Conveyancing Solicitors and Property Lawyers, Land Registry may require a statutory declaration or statement of truth as to non-revocation by the person who dealt with the Attorney where the transaction between the Attorney and this person is not completed within 12 months of the Power of Attorney coming into operation. Alternatively, the person's Conveyancing Solicitors and Property Lawyers can provide a certificate (rule 62 and form 2 Land Registration Rules 2003.)
As Trustee Act Powers of Attorney can only operate for 12 months, evidence of non-revocation is unnecessary for these powers.
Execution of Deeds by Attorneys
Attorneys who are individuals:
At Attorney who is an individual may execute the Deed (whether the donor is an individual or a corporation) either by signing in their own name or in the name of the donor (section 7 Powers of Attorney Act 1971; section 74(3) Law of Property Act 1925). There is no prescribed attestation clause, but either of the following will be acceptable to Land Registry:
Signed as a Deed by (full [sign here in your own name and the
name of Attorney) as Attorney name of the individual / corporation
for (full name of individual or
corporation) in the presence of: Jane Brown as Attorney for John
Smith / Manchester Ltd
Signature of witness . . .
Name . . .
Address . . .
Signed as a Deed by (full [sign here in your own name and the
name of individual or corporation name of the individual / corporation
acting by his / her / its Attorney
(full name of Attorney
in the presence of: Jane Brown as Attorney for John
Smith / Manchester Ltd
Signature of witness . . .
Name (in block capitals) . . .
Address . . .
Corporate Attorneys
A corporate Attorney may executed a Deed in one of three ways. It may execute using its own seal:
Executed as a Deed by affixing [common seal of company]
the common seal of (name of
corporate Attorney) as Attorney
for (full name of individual or
corporation) in the presence of:
Signature of Director . . .
Signature of Director / Secretary . . .
If the corporate Attorney has no seal or chooses not to use its seal, it can execute as follows : (section 36A(4) Companies Act 1985)
Signed as Deed by (name Signature . . . Director
of corporate Attorney) acting
by [a Director and its Secretary Signature . . . Director / Secretary
or two Directors] as Attorney for
(name of individual corporation)
In addition to the above if the corporate Attorney is executing a Deed without using a common seal on or after 6 April 2008 in accordance with section 44(2)(b) Companies Act 2006 the following form of execution may be used:
Signed as a Deed by (name of Signature . . . Director
corporate Attorney) acting
by a Director as Attorney for
(full name of individual or
corporation) in the presence of:
Signature of Witness . . .
Name . . .
Address . . .
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 23 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 23)
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
available by prior appointment at:
Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
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