Confirmatory Deed Of Assignment Of Land

Memorial No. of Transaction Satisfied


Short Description:

The memorial number of any instrument being discharged, reassigned or otherwise satisfied by the instrument the subject of the memorial.


Quick Tips:

  • It is sufficient to specify the memorial no. of the instrument. Nature and object of the instrument are not required. The memorial numbers of memorials delivered before 12th February 2005 will be prefixed with the following set of district code identifiers for identification and retrieval purposes:
    District Code Identifier
    Memorial Numbers relating to
    UB Urban Land Registry
    IS Islands New Territories Land Registry
    N North New Territories Land Registry
    SK Sai Kung New Territories Land Registry
    ST Sha Tin New Territories Land Registry
    TM Tuen Mun New Territories Land Registry
    TP Tai Po New Territories Land Registry
    TW Tsuen Wan New Territories Land Registry
    YL Yuen Long New Territories Land Registry
    Each of the district code identifiers represents one of the nine registries existed before the commencement of the Land Registration (Amendment) Ordinance (2002) and indicates the district in which the memorial was delivered. The district code identifier of these instrument should be stated immediately before the memorial number when completing the memorial number of transaction satisfied.
  • If the subject instrument does not satisfy any registered deeds, it is acceptable to state 'NIL' or 'N.A.'.
  • Remember to counter-check the memorial no(s). of the instrument(s) concerned.

FAQ:

Q1 :For letter purporting to satisfy/discharge a previously registered Order, should I state the memorial number of the Order in the Memorial No. of Transaction Satisfied box?
A:Court Orders are usually satisfied by another Court Order. For Letter/Memorandum of Satisfaction or other instruments purporting to satisfy a registered Court Order, whether the Memorial No. of the Court Order can be entered will depend on the terms of the subject instrument and the said registered Court Order. In other words, each case should be considered on its own facts.

Q2:Can you give some examples in which entry in the "Memorial No. of Transaction Satisfied" box is required / not required?
A: Some examples of common instruments are tabulated below for reference

ADIS Code - CC

A confirmatory conveyance may be registered to amend incorrect details in a previous conveyance. A form of conveyance is set out in Schedule 2 Conveyancing Act 1919.

A confirmatory conveyance must be by the same parties as in the original conveyance.  A confirmatory conveyance can confirm any type of conveyance at any time.

Lodgment requirements

Stamp duty - Required. Marking as regards Vendors Duty is also required.  If not marked, Registration insisted upon is prohibited.

Any alteration to the consideration, tenancy, interest/share, or change to the names of the parties must be marked.  A minor change in spelling that does not alter the identity of a party may be ignored.  The addition of a name must be marked.

Not required where the tenancy only is changed.

Registration copy - Required.  If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Required only if the confirmatory conveyance affects a current conveyance, a current CA does not exist and a Qualified Title has not been issued.

NOS form - Required only if the confirmatory conveyance affects a current conveyance.

Index Particulars form  (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Conveyance - Confirmatory

(C) Locality - Required. The situation of the Old System land.

Link Conveyance - For the Old System land affected.

Principal Deed - Required. The registered affected conveyanace.

(D) Indexing - The vendor and the purchaser.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the vendor and the purchaser are required.  Advise the lodging party of any discrepancies in names. 

Tenancy:  the tenancy/shares must be identical to that stated on the STP form.  If tenancy is not stated for more than one purchaser, tenants in common is assumed.

Operative clause:  "... hereby convey/convey to ...".

Locality:  required.  The situation of the Old System land.

Land Description:  required.  The Old System land must be described by reference to:

  • a metes and bounds description
  • another registered instrument
  • a plan attached
  • a Government Gazette notice or
  • a lot or parcel in a subdivision.

Link Conveyance:  required.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Principal Deed:  the number of the affected original conveyance as stated in the confirmatory conveyance must be identical to the number stated on the IPF.

Execution:  by the vendor.  A power of attorney must be registered.  The purchaser does not have to sign.

Attestation:  required.  Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF:  must be completed.

Staff processing information

A confirming conveyance by other parties (known as a rectifying conveyance), eg. by the executor where the vendor has died since the original conveyance, must be entered under the General Frame, ie code "G", with a Noting: "Deed of retification".  Enter the original conveyance as a Principal Deed. Enter the vendor as a Vendors entry.  Enter the purchaser as a Purchasers entry.

The confirmatory conveyance must be connected to a current CA.

If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified Title has not issued. If issued.

CA Required only if the confirmatory conveyance affects a current conveyance, a current CA does not exist and a Qualified Title has not been issued.

Indexing

Locality:  required. The situation of the Old system land. 

Link Conveyance:  required. The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed: required.  The conveyance being confirmed.

Noting: If:

  • an interest, state: "interest in" (or Noting Code: "I")
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V: the vendor, deceased estates or trusts, and any variations, including a change of the vendor's name resulting from the confirmation. Also the last registered owner where they are not identical to the vendor.

P: the purchaser, deceased estates or trusts, and any variations thereof.

 

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