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 8 . . .
Transfer of Deeds or Names on Title Deeds
Execution of Deeds by individuals
People signing in an official capacity
There are circumstances in which individuals will be executing a Deed not in connection with their own affairs but in some official capacity, which entitles them to act on behalf of someone else. Examples are a person acting as an executor or administrator of the Property of someone who has died (section1 Administration of Estates Act 1925) and a person acting as a trustee in bankruptcy on behalf of a bankrupt (section 306 Insolvency Act 1986). Note that the situation here is distinct from that where an individual has delegated authority under a power of attorney, which is dealt with later. The person signing deeds to do so in their own name and signature should be witnessed in the usual manner. The words of execution in the Deed need only be modified by Conveyancing Solicitors and Property Lawyers to show the capacity in which the person has signed if this fact is not clear from the body of the document.
As well as ensuring that the official capacity in which the person has signed is clear from the Deed, Conveyancing Solicitors and Property Lawyers will need to send in with the application evidence of the person's authority to act in this capacity, such as the grant of probate when an executor signs.
Execution of Deeds by Companies registered under the Companies Acts
On 6 April 2008 section 44 Companies Act 2006 came into force and applies to Deeds executed on or after 6 April 2008 by Companies registered under the previous Companies Acts and also to Companies registered in Northern Ireland.
Execution by a Company under its common seal:
Where this form of execution is adopted, the common seal will normally be affixed to the Deed in the presence of the Company Secretary and one Director, or two Directors, who attest the sealing by countersigning the Deed and describing themselves by their respective offices of 'Secretary' and 'Director' or 'Director' and 'Director'. If this is done, a purchaser is from 15 September 2005 protected by section 74(1) Law of Property Act 1925:
"In favour of a Purchaser an instrument shall be deemed to have been duly executed by a Corporation aggregate if a seal purporting to be the Corporation's deal purports to be affixed to the instrument in the presence of and attested by:-
(a) two members of the board of Directors, Council or other governing body of the Corporation, or
(b) one such member and the Clerk, Secretary or other permanent officer of the Corporation or his deputy".
Under section 1 (2A) Law of Property (Miscellaneous Provisions) Act 1989 introduced by the Regulatory Reform (Execution of Deeds and Documents) Order 2005, merely sealing a document will not make it a Deed. It must be clear on the face of a document that it is intended to be a Deed. Conveyancing Solicitors and Property Lawyers should use the following attestation clause when sealing a Deed by a Company, including a Deed in one of the forms prescribed by Schedule 1 LRR 2003.
Execution as a Deed by affixing [Common seal of Company]
the common seal of (name of
company) in the presence of:
Signature of Director . . .
Signature of [Director / Secretary ] . . .
This form of execution will also apply to deeds executed by Northern Ireland Companies on or after 6 April 2008.
Most companies, however, have articles of association prepared by Conveyancing Solicitors and Property Lawyers that authorise the affixing of the Company seal to a Deed in the presence of people other than a Director and the Secretary. For example, article 101 of Table A provides that:
"The Directors may determine who shall sign any instrument to which the seal is affixed and unless otherwise so determined it shall be signed by a Director and the Secretary or by a second Director".
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 10 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 10)
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
Or you can use the ENQUIRY FORM (click here).
(you may need to press control 'Ctrl' button on your keyboard when clicking on the enquiry form link if you have a pop up blocker active)
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.
Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24