Execution of dealing forms
The following applies toReal Property Act (RPA) dealings, Water Access Licence (WAL) dealings and documents registered in the General Register.
A dealing must be signed by or on behalf of all the parties to the transaction. A General Register document must be signed or behalf of the party who is disposing of or burdened by the transaction. The dealing or document must bear original signatures. Adhesive labels with original signatures are not acceptable. Adhesive seals are acceptable. In most cases the authenticity of the execution must be attested by a witness.
If execution is not provided on the standard page of a RP or WAL dealing form, the page number and identification of the annexure containing the execution must be stated in the execution panel on the standard page.
Aboriginal Corporations, Aboriginal Associations, The New South Wales Aboriginal Land Council, Local Aboriginal Land Councils, etc information on execution of these dealings.Administrator, liquidator, receiver execution procedures for administrators, liquidators and receivers. Area Health Services and Statutory Health Corporations may be executed, with or without the seal of the body corporate. Attorney execution of dealings by an attorney procedures. Barrister or solicitor execution procedures for a legal practitioner. Building societies, credit unions etc information on building societies, credit unions, friendly societies, starr bowketts, cooperatives etc. Companies includes information on execution by deregistered companies and foreign companies. Delegation and authorisation legal entities capable of dealing with land may delegate particular persons to act as signatories in an instrument. Discrepancies in signatures procedures where there is a discrepancy between the name of a party and that party's signature on a dealing. Environmental Planning and Assessment Act 1979 for RPA dealings, WAL dealings and the General Register. Execution by a reserve trust procedures of execution of dealings by reserve trusts. Execution of dealings outside NSW requirements for execution and attestation are the same as a dealing executed in NSW. Execution under company seal information on how a company may execute a dealing under company seal. Execution without company seal information on how a company may execute a dealing without a company seal. Foreign names, characters, language components of a foreign name, notably an Asian name, may be signed in any order. General execution requirements for dealing forms applies to dealings affecting the Torrens Title Register and the Water Access Licence Register. Illiterate or incapacitated persons may execute a dealing or document by making his or her mark. Incorporated associations information related to execution by incorporated associations. Licensed conveyancer execution of Real Property Act dealings and and the General Register information. Local councils information for execution of dealings by a Council. Managed persons: NSW Trustee and Guardian Supreme Court may authorise a manager to execute dealings or documents on behalf of a protected person. Minors execution of a dealing by a minor or in favour of a minor. Order of Court information on execution of dealings. Religious bodies execution requirements for religious bodies vary. Statutory bodies procedures for execution of dealings by statutory bodies. Statutory declaration like an oath, is a personal statement. Witness procedure for witness attesting the authenticity of the execution of a dealing.