A new section 13 has been added setting out HM Land Registry’s new practice in respect of deeds with electronic signatures and section 10, dealing with counterparts, has been clarified.
Sections 2.1.1, 9 and 12 have been amended to clarify elements of HM Land Registry’s new practice relating to deeds that have ‘Mercury signatures’, particularly in relation to powers of attorney and forms DS1/DS3.
Sections 1.1, 2.1.2, 10 and 12 have been amended to take account of HM Land Registry’s new practice of accepting for registration dispositions effected by deeds that have 'Mercury signatures', and also to clarify its practice in relation to the witnessing of deeds.
Section 3.4 has been amended to clarify the guidance and provide examples of execution clauses where a company executes without common seal by 2 corporate officers. Section 9.5.3 has been added to set out our requirements for when an attorney has delegated their authority. Section 10 has been added to provide guidance where deeds have been executed in part.
Section 3.4 has been amended to include guidance on where the director or secretary is also a company and a seal is not being used.
Section 9.5.1 has been amended to clarify our execution requirements where a deed has been executed by an attorney.
Section 1.3 has been updated to set out our requirements regarding further aspects of completion of execution panels on forms. This is not new practice.
Section 2.1.2 has been amended to explain better why it is important a witness’ names and address are legible. This is regarded as good sensible practice and is not merely a requirement by HM Land Registry.
Section 5.4 which deals with registered societies has been amended to confirm that the persons signing as part of the execution of a deed must also clearly state that they are authorised signatories. Section 53 of the Co-operative and Community Benefit Societies Act 2014 confirms that all members of a registered society’s committee and the society’s secretary are authorised signatories.
A new section 9.7 has been added suggesting an acceptable form of execution where a guardian appointed pursuant to the Guardianship (Missing Persons) Act 2017 executes a deed. A new section 9.8 has been added to provide guidance where a transfer has been executed by a judge or an officer of the court pursuant to a court order.
Section 2.2 has been amended to emphasise the requirement that the full name of the party is required in an attestation clause.
From 20 September 2019, we will not accept ‘signed as a deed’ as an acceptable form of wording in prescribed form deeds executed by companies and limited liability partnerships. Where a disposal is in a prescribed form that must be executed as a deed (such as form TR1 or CH1) we will require that the forms of execution set out in Schedule 9 to the Land Registration Rules 2003 are used.
Following a customer's comment, we have added details of execution requirements for limited liability partnerships with corporate members to section 5.2.
Section 5.2 has been amended to clarify our requirements where a deed has been executed by a limited liability partnership.
Section 10 has been updated to clarify that a special arrangement is only available in respect of discharges on form DS1.
Section 1.1 has been updated to reflect our current practice relating to the use of copy documents for registration. Section 11 has been updated. The Land Registration (Electronic Conveyancing) Rules 2008 have been revoked and replaced by new rules 54A to D which have been inserted into the Land Registration Rules 2003 by the Land Registration (Amendment) Rules 2018. The 2018 Rules came into force on 6 April 2018. Section 9.5.1 has been updated to clarify that the donor of a power of attorney does not need to sign the deed.
The information in section 6 of this guide has been removed as the information is now set out in practice guide 78: overseas companies and limited liability partnerships.
Section 5.4 has been amended to confirm the requirements for the execution of a deed by a registered society.
Section 1.1 has been amended and a new section 11 added to explain when electronic documents with electronic signatures can be deemed to be deeds.
Section 11.3 has been added which shows the wording of form 7 in Schedule 3 to the Land Registration Rules 2003 referred to in section 6 of this guide. Appendix 2 has been added to show examples where there is only one witness to multiple signatures.
Section 3.2 has been amended to make it clear that where a deed is being executed by the director and secretary of a limited company, they must be two separate people.
Section 6.2 has been amended to make it clear that an opinion given by a lawyer practising in a foreign jurisdiction must not be conditional or qualified in any way.
Video about How to avoid Land Registry requisitions: Execution of deeds and powers of attorney added
We have updated section 2 to clarify the attestation process when there are multiple signatures.
We have updated section 6 to take out reference to a legal opinion as rule 183(2) of the Land Registration Rules 2003 states that the evidence of constitution to be provided must be either the constitution itself or a certificate in form 7.
Link to the advice we offer added.
Section 2.1.2 has been amended to confirm that one party to the deed cannot witness the signature of another party to the deed.
Section 5.4 has been amended as a result of the Co-operative and Community Benefit Societies Act 2014.