The Land Registry has changed its requirements for execution of a deed by foreign corporations (that is corporations outside the UK). Execution of deeds and documents by overseas bodies is regulated by the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009 (SI 2009/1917). The Land Registry requires evidence of the corporate status of the overseas body to be produced (unless the body is already the proprietor of the land or charge) so that they can be satisfied as to the extent of the body’s powers to deal with the land.
An opinion letter from a lawyer practising in the jurisdiction was obtained and provided to the Land Registry as evidence of the corporate status. The recently updated Practice Guide 8 now confirms that an opinion letter will no longer be accepted as evidence. Instead, the Land Registry will require a certified copy of the corporate body’s constitution or a certificate in Form 7 provided by a qualified lawyer practising in the jurisdiction. Therefore, when obtaining opinion letters, it should be ensured that the lawyer includes the certificate as set out in Form 7 in Schedule 3, Land Registration Rules 2003.