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Date of Instrument

Short Description:

It is the date on which the parties executed the instrument or the date of the original issue of the instrument.



Quick Tips:

  • The date can normally be found on the first page of the instrument.
  • Remember to counter-check the year (sometimes the current year is not the year of the execution of the instrument in particular at the beginning of a year).
  • The date cannot be later than the date of certification of memorial and date of registration.
  • The date cannot be a date later than the date of stamping if the instrument is stamped.
  • Lodging parties are encouraged to present the date in numerical form of Day-Month-Year in the memorial for clarity and ease of use.

FAQ:

Q1: How to complete the Date of Instrument box for Amended Court Order/Writ of Summons?
A: For cases where the original date remains unchanged, you should state "(original date of order) as amended on (date of amendment)" in the Date of Instrument box. For cases where the original date is amended, please refer to Q3.
Q3: If the original date is crossed out in an Amended Court Order/Writ of Summons or other Lis Pendens and a new date is stated next to it, which date should I use?
A: The new date of amendment should be taken as the date of instrument and be entered in the Date of Instrument box. However, if the new date of amendment is later than the date of registration, the instrument has to be withdrawn and re-lodge for registration under a fresh memorial no.
Q5: For Certified Copy of Death Certificate, there are three dates in the instrument (i) the date on which the death certificate was registered against the register in the Births and Deaths Registry (ii) the date that the death certificate was certified (iii) the date of death Which date should I use?
A: The date of certification i.e. (ii) above, should be entered into the Date of Instrument box (as the certified death certificate would not come into existence until it was certified by the issuing authority).
Q7: For re-executed instruments, which date should I use?
A: The date on which the instrument was re-executed.