§ 59 — Certificate of correctness

59.—(1) The Registrar may reject any application to bring land under the provisions of this Act, or any other instrument purporting to deal with or to affect land (whether registered or unregistered), unless there is endorsed thereon a certificate by the parties to the instrument that it is correct for the purposes of this Act.(2) The certificate by any party to the instrument implies representations that to the best of the signatory’s knowledge and belief and insofar as he or she has any reasonable means of ascertaining —(a)

the instrument is made in good faith;

(b)

the matters set forth therein are substantially correct; and

(c)

in the case of —(i)

a person acquiring title — the person acquiring title thereunder accepts proprietorship and (unless otherwise expressed in the instrument) is of full age and legal capacity; or

(ii)

a person divesting title — the person divesting title thereunder is the party entitled to divest the interest under the instrument and is of full age and legal capacity.

(3) Where —(a)

a solicitor has been employed by a party to the instrument — the certificate mentioned in subsection (2) must be signed by the solicitor; or

(b)

a solicitor has not been employed by a party to the instrument — the party himself or herself must sign the certificate mentioned in subsection (2) and if the party is a corporation or limited liability partnership, the certificate must be signed by a responsible officer of the corporation or limited liability partnership, as the case may be.[8/2014]

(3A) Where any instrument is executed by an attorney (within the meaning of Part 16) for a party to the instrument, the certificate by the attorney implies representations that, to the best of the belief of the attorney or (as the case may be) the solicitor employed, the attorney has the authority to act as the agent for and on behalf of the party in respect of that instrument.

(4) Each certificate must indicate in legible characters —(a)

the name and capacity of the signatory; and

(b)

where it is signed by a solicitor employed by the party to the instrument, the solicitor holds a practising certificate which is in force as at the date of the instrument.

(5) Where the certificate is signed by any party (including a solicitor who is a party acquiring or divesting title under the instrument), or by a responsible officer of any corporation or limited liability partnership, divesting or acquiring title, the Registrar may require the person to appear before the Registrar and to furnish satisfactory evidence as to the person’s identity, capacity and authority.[8/2014]

(6) Any person who falsely certifies to the correctness of any instrument or caveat shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and such penalty does not prevent a person who may have sustained any damage or loss in consequence of errors or mistakes in any such certified instrument or caveat from recovering damages against the person who has certified the same.[8/2014]

(7) In any instrument which is registered under the provisions of this Act, any reference to “Certificate of Correctness” is to be construed as a reference to a certificate of correctness given under this section or any corresponding provision in any repealed enactment.

(8) In this section —“responsible officer” means —(a)

in the case of a corporation (other than a limited liability partnership) — its secretary or other permanent officer, or a member of its board of directors, council or other governing body; or

(b)

in the case of a limited liability partnership — its partner, manager or an attorney appointed in that behalf by the limited liability partnership;

“solicitor” means a solicitor who has in force a practising certificate issued under the Legal Profession Act 1966.[8/2014]

—(1) The Registrar may reject any application to bring land under the provisions of this Act, or any other instrument purporting to deal with or to affect land (whether registered or unregistered), unless there is endorsed thereon a certificate by the parties to the instrument that it is correct for the purposes of this Act.

(2) The certificate by any party to the instrument implies representations that to the best of the signatory’s knowledge and belief and insofar as he or she has any reasonable means of ascertaining —(a)

the instrument is made in good faith;

(b)

the matters set forth therein are substantially correct; and

(c)

in the case of —(i)

a person acquiring title — the person acquiring title thereunder accepts proprietorship and (unless otherwise expressed in the instrument) is of full age and legal capacity; or

(ii)

a person divesting title — the person divesting title thereunder is the party entitled to divest the interest under the instrument and is of full age and legal capacity.

(3) Where —(a)

a solicitor has been employed by a party to the instrument — the certificate mentioned in subsection (2) must be signed by the solicitor; or

(b)

a solicitor has not been employed by a party to the instrument — the party himself or herself must sign the certificate mentioned in subsection (2) and if the party is a corporation or limited liability partnership, the certificate must be signed by a responsible officer of the corporation or limited liability partnership, as the case may be.[8/2014]

(3A) Where any instrument is executed by an attorney (within the meaning of Part 16) for a party to the instrument, the certificate by the attorney implies representations that, to the best of the belief of the attorney or (as the case may be) the solicitor employed, the attorney has the authority to act as the agent for and on behalf of the party in respect of that instrument.

(4) Each certificate must indicate in legible characters —(a)

the name and capacity of the signatory; and

(b)

where it is signed by a solicitor employed by the party to the instrument, the solicitor holds a practising certificate which is in force as at the date of the instrument.

(5) Where the certificate is signed by any party (including a solicitor who is a party acquiring or divesting title under the instrument), or by a responsible officer of any corporation or limited liability partnership, divesting or acquiring title, the Registrar may require the person to appear before the Registrar and to furnish satisfactory evidence as to the person’s identity, capacity and authority.[8/2014]

(6) Any person who falsely certifies to the correctness of any instrument or caveat shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and such penalty does not prevent a person who may have sustained any damage or loss in consequence of errors or mistakes in any such certified instrument or caveat from recovering damages against the person who has certified the same.[8/2014]

(7) In any instrument which is registered under the provisions of this Act, any reference to “Certificate of Correctness” is to be construed as a reference to a certificate of correctness given under this section or any corresponding provision in any repealed enactment.

(8) In this section —“responsible officer” means —(a)

in the case of a corporation (other than a limited liability partnership) — its secretary or other permanent officer, or a member of its board of directors, council or other governing body; or

(b)

in the case of a limited liability partnership — its partner, manager or an attorney appointed in that behalf by the limited liability partnership;

“solicitor” means a solicitor who has in force a practising certificate issued under the Legal Profession Act 1966.[8/2014]