Names of Parties


Short Description:

The names of the persons, companies or the organisations, being parties to the instrument.

Quick Tips:

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 contains only the Chinese name of the party, what should be stated in the memorial?
A: It is sufficient to state the Chinese name of the party in the memorial, but for instruments involving the name of an owner already registered in the land register, acceptance of the Chinese name is subject to the same Chinese name appearing in other entries in the land register for cross-referencing. Where the land register only shows the name in English in the previously registered entry, the party may consider also stating the English name of the registered owner in the memorial for cross-referencing.

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./啟), 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.