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Nature and Object of the instrument

Short Description:

There are different types of instruments like Assignment, Tenancy Agreement, Legal Charge, etc.. The nature and object of the instrument specify the type of instruments it belongs.



Quick Tips:

  • It can be normally found on the first page and last page of the instrument.
  • The description should be specific enough to convey both the nature and the object of the instrument for the purpose of registration. Descriptions such as Deed, Letter and Memorandum of Agreement are not acceptable since they relate to the nature of instruments only. The object of the instrument should be clearly specified, e.g. Deed of Exchange, Waiver Letter and Memorandum of Agreement for Sale and Purchase.
  • The description of "Supplemental Deed" or "Supplemental Agreement" is sufficient for registration purpose if the relevant Deed or Agreement has been registered.
  • Instruments presented for registration must be in the original form. Exception is granted for some categories of instruments. Please refer to Land Registry Circular Memorandum No.5/02 or Schedule 3 of the Land Registration Regulations (Cap. 128A) for details. For copies of the instruments which can be accepted for registration, the type of 'copy' should be specified in addition to the nature and object of the instrument e.g. certified copy of Power of Attorney.
  • If the instrument is stated as "Mortgage/Legal Charge" in the deed, it is acceptable for registration if the same is stated as "Mortgage" or "Legal Charge" in the memorial.
  • For carbon copy of Provisional Sale and Purchase Agreement, it is sufficient to specify as "Provisional Sale and Purchase Agreement".

FAQ:

Q1: How to deal with re-registration cases?
A: For re-registration case, it should be clearly specified as such. For example: "Re-registration of Assignment (previously registered by M/N XXXXXXXX)".
Q2: Are there any special requirements for orders or lis pendens?
A: The action number should be specified e.g. High Court Civil Action No. XX312 of 2001.
Q3: What should I put if amendments have been made on the content page (usually page 1) of the Letters of Administration?
A: Please specify "Letters of Administration No. XXXXXXX altered pursuant to Order of Registrar XX dated XXXXXX".
Q4: Will re-registration of Letters of Administration with the schedule amended be accepted?
A: In such case, re-registration will not be allowed. However, the same can be lodged for registration if the Nature and Object box is specified as "Letters of Administration with amended schedule of Property" and the Date of Instrument box includes both the original date and the amendment date.
Q7: Can I describe the instrument "Certificate of Registration of Death" as "Death Certificate"?
A: No. It should be specified as "Certificate of Registration of Death".
Q8: What should I put if a Court Order has been amended?
A: It may either be described as "Order" or "Amended Order".
Q9: For Receipt annexed to Mortgage/Legal Charge, is it a must to include the description “annexed to Mortgage/Legal Charge M/N XXXXXXX” in the nature and object box of the memorial?
A: It depends on the situation of the case. Receipt annexed to Mortgage/Legal Charge without such being reflected in the nature and object box of the memorial is also acceptable for registration provided that the Receipt itself has clear reference to the Mortgage/Legal Charge being discharged. However, if such Receipt only refers to “the within written Mortgage/Legal Charge” without mentioning the memorial number, the insertion of “annexed to Mortgage/Legal Charge M/N XXXXXXX” is required.