Memorandum of transfer
73 Memorandum of transfer
An interest in land under this Act may be transferred by registration of a memorandum of transfer.
The registrar-general must not register a memorandum of transfer unless—
if the transfer is lodged by—
a legal practitioner on behalf of a party—the legal practitioner provides the certification under section 48BA; or
a mortgagee corporation—the mortgagee corporation provides the certification under section 48BB; or
in any other case—the transfer has been executed by the registered proprietor of the land and accepted by the transferee or the transferee’s legal practitioner on the transferee’s behalf.
The transferee’s identity and authority to transfer the land must also be verified (see s 48BC).
An acceptance under subsection (2) (b) shall be evidenced—
in the case of an individual—by his or her signature; or
in the case of a corporation—in accordance with the Corporations Act, section 127 (Execution of documents (including deeds) by the company itself).
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