JPs and Cdecs can volunteer to help the community by witnessing documents, or help a newly appointed JP or Cdec by mentoring them. Search for your nearest JP or Cdec JPs are available at community signing sites across Queensland. If you are signing a Qld Land Registry document as an individual (including as Attorney for a company or under some other authority such as a delegation), the witness will ask you to produce evidence that verifies your identity at the time the document is executed.
This is effectively the same process as the Verification of Identity (VOI) procedure used for electronic conveyancing. If a Clayton Utz lawyer is the witness, we will use the same process that we already have in place for VOIs for electronic conveyancing, which is to: 1. See full list on claytonutz. All witnesses, including solicitors, in-house counsel, JPs or other qualified witnesses now have additional obligations when witnessing the signature of an individual on any document to be registered in the Queensland Land Registry.
The VOI, entitlement to sign and record keeping obligations are outlined above. The Registrar may, before or after a document is registere ask you to confirm the steps taken or to produce the written record or the documents retained by you in the course of identifying the signatory and their entitlement to sign the document (Land Title Act section 162(4) and Land Act section 311(4). The Land Titles Practice Manualhas been updated to include a new Part dealing with witnessing and execution of documents. It provides extensive guidance on these new obligations. An Australian passport that has expired within the last years and has not been cancelled is acceptable).
Further steps should be taken if an identity document does not appear to be genuine, if a photograph is not a reasonable likeness, the signatures are not consistent or the individual does not seem to be the person to which the identity documents relate. A change of name or marriage certificate must also be produ. You need to sight sufficient supporting evidence to show the signatory, or the party they are signing on behalf of, is (or is about to become) the registered proprietor of the relevant interest in the land.
For a seller this could include a rate notice, title search, valuation notice or land tax assessment, all of which must be current and note the name of the signatory (or the entity on whose behalf they are signing) as owner. For a buyer signing a mortgage this may require the witness to sight the contract of sale. If you are witnessing a document signed by an individual under a Power of Attorney, you will need to: 1. Check the registered Power of Attorney and record the registration number.
Check the donor and donee and confirm the donor is entitled to the interest in land and the signatory is named as a donee. Where the power to sign is dependent on the position held by the signatory you w. Every time you witness a Land Registry document, you must create a record and ensure it is retained for years. There is no mention in the legislation or the Land Titles Practice Manual of any specific method of storage. However, the legislation provides that you can either record the steps taken to verify the identity of the signatory and their entitlement to sign, or keep copies of the documents produced. One of the issues with retaining copies of identity docume.
It has been written to give you a clear understanding of what is expected of you in your role and as a day-to-day reference to help you perform your duties responsibly, correctly and consistently. This information is in addition to information already provided in chapter 4. The Queensland Government has a service to help you find a justice of the peace or commissioner for declarations. Justices of the Peace or Commissioners for Declarations handbooks. Qualification (e.g.
JP , Pharmacist) Documents in languages other than English. A certifier should not certify a document in a language other than English unless they can be sure that the original and the copy are identical. A solution to this is to have the original photocopied in the presence of the certifier.
Find a qualified witnessing officer.