| FAQ: |
| Q1: |
Is it necessary to enter the Chinese name of the party into the
memorial? |
| A: |
Yes, if the Chinese name of the party is also stated in the instrument.
|
| Q2: |
If the instrument only contains the English names of the parties,
is it necessary to enter the Chinese name of the party into the memorial? |
| A: |
It is not a must. However if the Chinese name is entered into the
memorial, it will be shown in the land register.
|
| Q3: |
If the instrument only contains the Chinese name of the party, what
should be stated in the memorial? |
| A: |
It is sufficient just to state the Chinese name of the party in
the memorial.
|
| Q4: |
If the Purchaser in an Assignment is "A also known as B",
will it be accepted for registration if only "A" is stated
as the Purchaser in the Stamp Certificate? |
| A: |
Yes. As far as the parties to the instrument can be clearly identified
in the Stamp Certificate, the Land Registry will accept the registration
no matter the cross reference of the name of the parties is stated
or not.
|
| Q5: |
What should be entered into the Names of Parties box
if the instrument is a Receipt on Discharge of a Mortgage/Legal Charge? |
| A: |
Just state the name of the Lender/Mortgagee. However, if the instrument
is a Release, both the Lender & the Borrower should also be entered
into the memorial.
|
| Q6: |
If there are minor discrepancies in the parties' names between the
instrument & the land records, how can the parties' names be entered
into the memorial? |
| A: |
Please refer to Land Registry
Circular Memorandum No. 3/99.
|
| Q7: |
For cases under Table 2 of LRCM No. 3/99, document of identity or
confirmation by solicitors in writing should be produced to establish
the link between L.R. records and the instrument. In such cases, should
we provide a copy of the document of identity or confirmation in writing
when an instrument is submitted for registration? |
| A: |
Yes. The lodging party should provide a copy of document of identity
or confirmation in writing when an instrument is submitted for registration.
Otherwise, the instrument will be withheld from registration for clarification.
We will destroy the copy of document of identity after checking and
will not keep it in our files as record in order to avoid any possibilities
of inappropriate disclosures of personal particulars.
|
| Q8: |
There may be different forms of the same Chinese character (e.g.±Ò¢A±Ò),
is it acceptable if the form used in the instrument is different from
that in the land records? |
| A: |
As far as registration is concerned, the Land Registry would accept
any one of the commonly known forms of the Chinese character. For
doubtful cases, we will make reference to Chinese dictionary.
|
| Q9: |
If the name of the bank is "XX Bank, Shenzhen Branch" or "XX Bank,
Singapore Branch", is it acceptable if only "XX Bank" is stated in
the memorial? |
| A: |
No. Full description of the Bank should be entered into the memorial.
For "XX Bank, Hong Kong Branch", it will suffice to state "XX Bank"
only.
|
| Q10: |
What should be entered into the memorial if the party concerned
is an unincorporated body? |
| A: |
| (a) |
As unincorporated body is not an independent legal entity,
it cannot hold a property by its name. The property will have
to be held by an individual. Therefore, please enter the name
of an individual to be followed by the name of the unincorporated
body into the memorial e.g. Mr. ABC trading as XYZ Co. or Mr.
ABC as trustee for XYZ Association. The identification number
of the individual should also be stated in the memorial.
|
| (b) |
If the property is registered in the name of Mr ABC trading
as XYZ Co. in the land register, then the description of the
party in any subsequent instrument should also use Mr ABC trading
as XYZ Co. (e.g. tenancy agreement) so as to tally with the
land register.
|
| Note: |
For a foreign entity or partnership, please confirm in writing
that the unincorporated association or partnership has the capacity
to hold land or enter into the instrument. |
|
| Q11: |
If the name of the Purchaser in an Assignment is described as "CHAN
TAIMAN", will it be accepted for registration if "CHAN TAI
MAN"is stated in the registered Agreement for Sale and Purchase?
|
| A: |
If the Assignment is effected pursuant to the Agreement for Sale
and Purchase (ASP) and it is purported to satisfy the ASP, the discrepancy
in the name of the purchaser between the Assignment and the ASP
should be rectified before the Assignment could be proceeded with
registration. Please note that LRCM No. 3/99 does not apply to this
case.
|
| Q12: |
What should be entered into the Names of Parties box if the instrument
is a "Certificate of Satisfaction" issued by the Owners
Corporation or its manager? |
| A: |
The name of manager / Owners Corporation should be stated in the
memorial. Furthermore, if information on the names of owners is available
in the instrument, the same should also be specified in the memorial.
|
| Q13: |
For "Letter of Rescission", is it necessary to specify
the names of vendor and purchaser in the memorial? |
| A: |
Yes. The names of vendor and purchaser should be specified in the
memorial.
|
| Q14: |
If the grantees of a Deed of Grant of Right of Way refer to all
villagers / visitors of xxx Village, do I still need to state the
Grantees information in the memorial? |
| A: |
Since the grantee(s) has/have been mentioned in the Deed of Grant
of Right of Way, the same (i.e. all villagers / visitors of xxx Village)
should be stated in the memorial.
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