Procedure for registration of local instrument
5 Procedure for registration of local instrument
(1) Where a party to an instrument creating a power of attorney desires to register it, he shall deposit with the Registrar-General a duplicate or attested copy of the instrument accompanied by the relevant prescribed fee.
A power of attorney:
may be in accordance with the approved form; and
shall only be registered if:
the original was printed, typed or completed in ink; and
(ii) both the original and duplicate or attested copy bear the signature of each party (excluding the signature of the donor of the power if the instrument is signed by direction of the donor) and each witness; and
(iii) a specimen signature of the donee of the power is contained in the original, except where he or she is specified by reference to a named position; and
(v) it contains the donor of the power's full name and an address (which may be a postal address) for the service of notices; and
(vi) the name and either the contact address or telephone number of each witness is written, typed or stamped below the witness's signature; and
(vii) where the original purports to have been signed by a body corporate, it is authenticated by or on behalf of the corporation in a manner permitted by law.
(2) The Registrar-General shall, on receiving a duplicate or attested copy referred to in subregulation (1):
compare it with the original instrument;
(b) on being satisfied that it is a true duplicate or attested copy, file it in his office; and
note thereon the date and hour of its deposit,
and shall, whenever registering a dealing under the power of attorney in relation to a dealing with land under the Land Title Act 2000, record in the Register a note as to the deposit of the power of attorney.
(3) An instrument revoking a power of attorney shall be in accordance with the approved form and a duplicate or attested copy may be registered, and shall be dealt with by the Registrar-General, in the same manner as a duplicate or attested copy of an instrument creating a power.
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