Authority Updates - Queensland - September 2016

New requirements for paper instruments and documents

New requirements for paper instruments and documents witnessed outside Australia from 1 August 2016

QLD Registrar has advised the practice relating to witnessing paper instruments and documents outside Australia set out in the Land Title Practice Manual, will be mandatory for documents executed on or after 1 August 2016.

Further information and resources regarding signing and witnessing requirements are available online at:

https://www.business.qld.gov.au/industry/titles-property-construction/titles-property/transactions/signing-witnessing-requirements

This new web page provides an overview of Titles Registry requirements in relation to execution and witnessing both inside Australia and overseas.

The section on overseas witnessing also includes links to the certifications for use where an instrument or document is witnessed overseas. 

Customers are reminded that there are two certifications:

1. The Australian Embassy/High Commission/Consulate Identity/Witnessing Certification which is to be used where the witness is an Australian Consular Officer or authorised employee at an Australian Consular Office. 

This certification should be completed on a blank page and should not be on a Form 20 

2. The Identity/Witnessing Certification form for use by other authorised witnesses (e.g. notary publics, Australian lawyers) witnessing instruments or documents outside Australia. 

This certification should be completed on a Form 20 - Schedule.

Information provided on the web page is an overview only and all relevant parts of the Land Title Practice Manual should be referred to prior to completion of either of the identity/witnessing certification forms.

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd  ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.