Short Description:
There are different types of instruments like Assignment, Tenancy Agreement, Legal Charge, etc.. The nature and object of the instrument specify the type of instruments it belongs.
Quick Tips:
- It can be normally found on the first page and last page of the instrument.
- The description should be specific enough to convey both the nature and the object of the instrument for the purpose of registration. Descriptions such as Deed, Letter and Memorandum of Agreement are not acceptable since they relate to the nature of instruments only. The object of the instrument should be clearly specified, e.g. Deed of Exchange, Waiver Letter and Memorandum of Agreement for Sale and Purchase.
- The description of "Supplemental Deed" or "Supplemental Agreement" is sufficient for registration purpose if the relevant Deed or Agreement has been registered.
- Instruments presented for registration must be in the original form. Exception is granted for some categories of instruments. Please refer to Land Registry Circular Memorandum No.5/02 or Schedule 3 of the Land Registration Regulations (Cap. 128A) for details. For copies of the instruments which can be accepted for registration, the type of 'copy' should be specified in addition to the nature and object of the instrument e.g. certified copy of Power of Attorney.
- If the instrument is stated as "Mortgage/Legal Charge" in the deed, it is acceptable for registration if the same is stated as "Mortgage" or "Legal Charge" in the memorial.
- For carbon copy of Provisional Sale and Purchase Agreement, it is sufficient to specify as "Provisional Sale and Purchase Agreement".