The aim of this guide is to advise on the execution of deeds that are to be submitted to HM Land Registry. It is aimed at conveyancers, and you should interpret references to you accordingly.
Watch this video about execution of deeds and powers of attorney.
This is part of a series of videos on how to avoid requisitions.
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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 societys committee and the societys 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.