Practice guide 19: notices, restrictions and the protection of third-party interests in the register

3.1 The nature and effect of restrictions

3.1 The nature and effect of restrictions

3.1.1 The general effect of restrictions

Restrictions prohibit the making of an entry in respect of a disposition or a disposition of a specified kind. The prohibition may be indefinite or for a specified period and it may be absolute or conditional on something happening (for example, on getting the consent of a third-party).

The term ‘disposition’ is not defined in the Land Registration Act 2002, but section 27 of the Land Registration Act 2002 identifies the types of ‘disposition’ required to be registered. These include:

• a transfer
• certain types of lease
• the grant or reservation of an easement
• a rentcharge/right of entry annexed to a rentcharge
• a charge by way of legal mortgage

Therefore, a restriction that includes the words “No disposition … “ will catch the above types of disposition.

Most restrictions refer to dispositions by the proprietor of the registered estate or of a registered charge, implying some action by that proprietor to make the disposition. A disposition may also occur by operation of law, and a restriction that refers merely to “no disposition” would also catch such a disposition. Please note, however, that a discharge of a registered charge is not a disposition and cannot be prevented by a restriction.

A restriction makes it apparent from the register that either the powers of the relevant proprietor are limited, or that a prior condition must be met before a disposition can be registered. The purpose of restrictions is to regulate registration, not regulate dispositions. So, where a restriction entered in the register requires consent or has an option requiring consent, the consent given in relation to the restriction should expressly consent to the registration of the disposition, not consent to the disposition. This requirement does not apply to a restriction that requires a certificate. In that case, all that is needed is that the certificate complies with the requirements of the restriction.

Once entered, a restriction will remain in the register until it is cancelled or withdrawn. Restrictions are not automatically cancelled following a disposition, although we may cancel any restriction that has clearly become superfluous.

Note that an application to register a disposition may be caught by a restriction, so compliance with the restriction may be required, even when the disposition is made pursuant to an order of the court – for example, on the breakdown of a marriage where one party is ordered to transfer the registered estate to the other party.

In view of the difficulties that may arise when an inappropriate restriction is entered in the register, you should consider the questions in Things to consider before applying for a restriction before making an application to HM Land Registry for a restriction.

3.1.2 Restrictions that affect a registered estate

A restriction that is entered to regulate dispositions of a registered estate will be entered in the proprietorship register.

Such restrictions do not have any effect on existing registered charges or the powers of the registered chargee. Since 10 November 2008, the wording of standard restrictions makes this clear, but the principle also applies to restrictions entered before that date. However, a restriction entered in the proprietorship register may affect a charge that is registered afterwards. The date entered in brackets at the beginning of an entry shows the date of its registration. You can tell by comparing the date of a restriction and the date of registration of a registered charge whether the chargee’s powers may be affected.

When you are applying to register more than one transaction, we need to be clear as to the order of the applications. For instance, where a transfer and a charge are lodged together, and the transfer includes a request to enter a restriction, we will not automatically assume that the charge application has priority over a restriction requested in a transfer. The order of applications must be clearly stated, and this is the customer’s responsibility. Where required, the restrictioner’s consent to the registration of the charge must be lodged.

3.1.3 Restrictions that affect an existing registered charge

A restriction that affects an existing registered charge will be entered in the charges register and will refer specifically to the entries relating to the affected charge.

Even though a restriction entered in the proprietorship register may appear to restrict dispositions by ‘the proprietor of any registered charge’ (see, for example, the Form O restriction), it will not have any effect on a charge that was registered prior to the entry of the restriction.

If you intend to restrict all dispositions whether by the proprietor of the registered estate or the proprietor of an existing registered charge, you must apply for separate restrictions in the 2 parts of the register.

3.1.4 Entries that may be prevented by a restriction

The standard form restrictions prescribed in Schedule 4 to the Land Registration Rules 2003 each regulate or prohibit the registration of a disposition. Registration in this context is defined as meaning the completion by registration of a registrable disposition. None of the standard form restrictions prevent the mere entry of a notice.

Note, however, that some restrictions entered under the Land Registration Act 1925 expressly prevented the entry of a notice. We will not accept an application for a restriction not in a standard form under the Land Registration Act 2002 that expressly prevents the entry of a notice, as this would have the effect of preventing the protection of a third-party interest by an agreed or unilateral notice.

3.1.5 Complying with a restriction

3.1.5.1 General

A certificate or consent required by a restriction can be signed in ‘wet ink’ or using an electronic signature. For the specific methods of signing appropriate to your circumstances see Certificates or consents other than by conveyancers, Certificate or consent by corporation aggregate or Certificate or consent by a conveyancer.

If a certificate or consent is being provided by email see Emailed certificates or consents.

Where a restriction catches 2 or more dispositions being lodged at the same time, the consent or certificate of compliance must be to all of the dispositions being registered. For example, if both a transfer and charge are being registered and both are caught by a restriction that requires consent, the consent given must be to the registration of both the transfer and the charge.

A consent required by a restriction must state that it is to the registration of the disposition, and not just to the disposition itself.

3.1.5.2 Certificates or consents other than by conveyancers

An individual who is not a conveyancer can sign a consent or certificate in ‘wet ink’ or using an electronic signature.

We will only accept an electronically signed consent or certificate in the above circumstances when it is lodged by a conveyancer.

In doing so, we will rely on the conveyancer lodging the consent or certificate having no reason to doubt its authenticity.

We will not accept certificates nor consents signed per pro. (“pp”) another named individual.

3.1.5.3 Certificate or consent by corporation aggregate

Where the terms of a restriction require a certificate or consent signed by a corporation aggregate, (which includes overseas companies), unless a contrary intention appears in the restriction or the certificate or consent is given in a deed executed by the corporation in question, the certificate or consent must be signed by either:

• its clerk, secretary or other permanent officer
• a member of its board of directors, council or other governing body
• its conveyancer
• its duly authorised employee or agent (rule 91B of the Land Registration Rules 2003)

If a restriction requires a certificate or consent to be signed on behalf of a corporation by its secretary but that corporation has no secretary, the certificate or consent should be signed by one of the other people listed above (rule 91B(4) of the Land Registration Rules 2003).

An individual providing a consent or certificate on behalf of a corporation aggregate can sign the document using an electronic signature, provided that the consent or certificate is lodged by a conveyancer.

In accepting electronically signed consents and certificates in the situation described above, we will rely on the conveyancer lodging the consent or certificate having no reason to doubt its authenticity.

The certificate or consent must state the full name of the signatory and the capacity in which the signatory signs (rule 91B(5) of the Land Registration Rules 2003). The certificate or consent must be signed by the individual in their own name.

3.1.5.4 Certificate or consent by a conveyancer

A certificate or consent by a conveyancer, other than the certificate required by a restriction in standard Form LL (see Restriction in Form LL), can be signed in ‘wet ink’, or using an electronic signature by an individual conveyancer in their own name or in the name of their firm.

A certificate or consent can also be signed in the name of a conveyancing firm by an employee of the firm who is not themselves a conveyancer. This applies to consents and certificates signed in wet ink, or using an electronic signature.

Whoever it is signed by, and whatever means of signing is used, the certificate or consent must state the full name of the individual and their status in the firm (such as a partner, solicitor, paralegal or secretary in the firm).

3.1.5.5 Emailed certificates or consents

A certificate or consent by a conveyancer, other than a certificate required by a restriction in standard Form LL (see Restriction in Form LL) can be given in an email.

A certificates or consent by an individual (on their own behalf or on behalf of a corporation aggregate) can be given in an email to a conveyancer.

The email does not have to be sent to an individual’s own conveyancer, but the application it accompanies must be lodged by a conveyancer. We will rely on the conveyancer lodging the consent or certificate having no reason to doubt its authenticity.

The email must not be forwarded or sent to us by a further email.

3.1.5.6 Restriction in Form LL or the company counter fraud restriction

Where a restriction in Form LL or the company counter fraud restriction (see Companies) is entered in a register the certificate required to comply with the restriction must be signed by a conveyancer in their own name and not that of their firm or employer (rule 217A(2) of the Land Registration Rules 2003). Certificates signed by a member of the conveyancer’s staff are not acceptable even if signed in the name of the individual conveyancer. The certificate must state “I certify”, not “We certify”. The conveyancer must sign the certificate personally in ‘wet ink’. Such a certificate will also normally be required on an application to cancel or withdraw this restriction.

While all Chartered Legal Executives may verify identity, only CILEX Conveyancing Practitioners can provide certificates to comply with Form LL or company counter fraud restrictions. Please note that it is not sufficient for the person giving the certificate to describe themselves simply as CILEX Practitioner; this must always be CILEX Conveyancing Practitioner.

The Form LL restriction requires the conveyancer to certify that they are satisfied that the person who has executed the document submitted for registration as disponor is the same person as the proprietor. A certificate which merely states that the person who signed the document is the registered proprietor is therefore not acceptable. Similarly most company counter fraud restrictions require the conveyancer to certify that they are satisfied that the company which has executed the document submitted for registration as disponor is the same company as the proprietor and that reasonable steps have been taken to establish that each person who signed as an officer of the company held the stated office at the time of execution. However, the wording of some company counter fraud restrictions may vary and you should always ensure that the certificate given is compliant with the actual wording of the restriction.

The certificate should be dated the same day the disponor executed the document submitted for registration. This reflects the fact that the purpose of Form LL and company counter fraud restrictions is to ensure that, at the date the document was executed, the conveyancer dealing with the matter had satisfied themselves as to the identity of the disponor, and was content to proceed with the execution of the document on that basis.

The way in which transactions are progressed sometimes means the date on which the disponor signed a document is different from the date shown on the final version of the document. This means the certificate to comply with the Form LL or company counter fraud restriction may be dated before the document lodged for registration.

In this situation, the certificate should be dated no more than 3 months before the date of the document lodged for registration. If it is dated more than 3 months before, you must explain why in any correspondence sent with your application. We will consider the explanation provided and ask for any further information if we need to. If no explanation is provided, we may raise a requisition to clarify the position.

In the case of Form LL restrictions an acceptable certificate, lodged with an application to register a disposition, might read as follows:

You may also use form RXC to demonstrate compliance. For details on the use of form RXC to comply with a Form LL Restriction see Form RXC and Form LL or counter fraud restrictions.

3.1.5.7 Complying with a restriction upon a transfer of part of the land in the title

Where we receive an application to register a transfer of part of the land in a title, any restriction on the title will need to be complied with, withdrawn or cancelled. If the restriction is not one we are obliged to enter (see Where we are obliged to enter a restriction) and is no longer intended to affect the land transferred, an application should be made to either withdraw or cancel it as appropriate, although we may not put it on the title of the transferee if it has clearly become superfluous.

3.1.5.8 Restriction in Form LL or company counter fraud restrictions - deed is signed by someone who is not the registered proprietor

We often receive applications where the deed lodged for registration has been signed by someone other than the registered proprietor. Typical examples of this include:

• where the deed has been signed by a Trustee in Bankruptcy, or personal representative of a deceased proprietor, or

• where the deed has been signed by a Court of Protection deputy, an attorney, or Law of Property Act receiver with extended powers

For company counter fraud restrictions, the deed may have been signed by an insolvency practitioner or attorney.

The following explains how to proceed in these situations, when there is a Form LL or company counter fraud restriction in the register:

When a deed has been signed by a trustee in bankruptcy or personal representative

A Form LL restriction applies to dispositions of the registered estate (defined in section 132 of the Land Registration Act 2002 as “a legal estate the title to which is entered in the register”), by the proprietor of the registered estate.

In the case of bankruptcy, the bankrupt’s estate vests in the trustee immediately on their appointment taking effect. When the bankrupt’s estate includes property, it vests in the trustee “without any conveyance, assignment or transfer” (section 305 of the Insolvency Act 1986).

From that moment, the trustee in bankruptcy is “proprietor of the registered estate”. They are not the registered proprietor, because the automatic vesting in a trustee in bankruptcy is not required to be completed by registration (section 27(5)(b) of the Land Registration Act 2002). The trustee is, however, entitled to be registered as proprietor if they wish, and are entitled to exercise owner’s powers.

The above also applies to a personal representative of a deceased sole proprietor. The legal estate vests in them automatically in an executor on the death of the proprietor, and in an administrator on the grant of letters of administration. In either case this is without the need for a transfer to be registered, and, while not being registered as such, they are the “proprietor of the registered estate”.

A disposition of the registered estate by a trustee in bankruptcy, or a personal representative of a deceased sole proprietor, will, therefore, be caught by the terms of a Form LL restriction.

In these circumstances, it is possible for a conveyancer to give a certificate in the usual way to comply with a Form LL restriction.

This is because the restriction requires a certificate to the effect “that that conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor”. In the above circumstances the trustee or personal representative will be “the proprietor”.

Evidence of the appointment of the trustee in bankruptcy or personal representative must be lodged with the certificate in order for it to be accepted – see practice guide 6: devolution the death of a registered proprietor, or practice guide 34: personal insolvency as appropriate.

When a deed has been signed by an attorney, Law of Property Act (LPA) receiver with extended powers or deputy

In contrast to the above position, an individual acting in one of the above roles (“the agent”) will be signing a deed on behalf of the registered proprietor (“the principal”). They will not, however, be the proprietor of the registered estate themselves.

In law, a deed that is signed by an agent with appropriate authority (whether in their name or the name of their principal) is treated as being signed by the principal. As an example, an attorney acting on behalf of an incapacitated registered proprietor could sign a transfer in their own name, and legally it would be regarded as having been signed by the registered proprietor.

A Form LL restriction or a company counter fraud restriction affects dispositions of the registered estate by the proprietor of the registered estate. A disposition by an authorised agent of the proprietor is a disposition by the registered proprietor and is caught by the terms of the restriction.

Given the above, while we will accept a certificate from a conveyancer to comply with a Form LL restriction or a company counter fraud restriction in these circumstances, before giving the certificate the conveyancer must satisfy themselves that:

• X is the [attorney/deputy/LPA receiver] of the registered proprietor, and

• the person who executed the [details of the deed lodged for registration] on behalf of the donor proprietor is the same person as that [attorney/deputy/LPA receiver]

Appropriate evidence of the individual’s authority to sign on behalf of the registered proprietor must also be provided. This could, for example, be in the form of a power of attorney or Court of Protection order appointing a deputy.

When a deed has been signed by insolvency practitioner

The title “insolvency practitioner” can include administrators, liquidators, LPA receivers with extended powers and, more rarely, administrative receivers.

An administrator is considered to be an agent of the company (paragraph 69 of Schedule B1 to the Insolvency Act 1986), as is an administrative receiver (section 44(1)(a), Insolvency Act 1986), and an LPA receiver (section 109(2), LPA 1925). A liquidator, whilst not defined as such under the Insolvency Act, is a de-facto agent of the company and can execute documents in the name of the company.

As detailed in When a deed has been signed by an attorney, Law of Property Act (LPA) receiver with extended powers or deputy, a deed that is signed by an agent with appropriate authority (whether in their name or the name of their principal) is treated as being signed by the principal.

Given this, we will accept a certificate from a conveyancer to comply with a company counter fraud restriction in these circumstances. However before giving the certificate, the conveyancer must satisfy themselves that:

• X is the [administrator] [LPA receiver] [administrative receiver] [liquidator] for the registered proprietor company, and

• the person who executed the [deed lodged for registration] on behalf of the registered proprietor company is the same person as that [administrator] [LPA receiver] [administrative receiver] [liquidator].

Appropriate evidence of the appointment of the insolvency practitioner must also be provided.

When a deed has been signed by an attorney acting for the registered proprietor company

Our approach here will be the same as that for individuals as detailed in When a deed has been signed by an attorney, Law of Property Act (LPA) receiver with extended powers or deputy.

We will accept a certificate from a conveyancer in compliance with a company counter fraud restriction, on the basis that they have also satisfied themselves that:

• X is the attorney of the registered proprietor company, and

• the person who executed the deed lodged for registration on behalf of the donor proprietor company is the same person as that attorney.

Appropriate evidence of the appointment of the attorney by the company must also be lodged.

3.1.6 Complying with a restriction using form RXC

Form RXC is a voluntary HM Land Registry form, designed to help customers provide consents and certificates to comply with the terms of restrictions.

Form RXC will help you to provide consents or certificates that meet HM Land Registry requirements, with the aim of avoiding the need for us to raise requisitions in relation to incomplete or uncertain consents or certificates.

In addition, the form states that any consent given is both to the completion of the dispositions identified and to their registration.

Form RXC can be used whenever the wording of a restriction requires a consent or certificate. As a result, it is suitable for use with the vast majority of standard form restrictions and many non-standard form restrictions.

While we will still accept consents and certificates lodged as described in Compliance with a restriction, we recommend that form RXC is used where possible.

3.1.6.1 Using form RXC

The form comes complete with guidance notes that will help you to fill in the individual panels. The following are a few additional points to remember. Specific guidance on completing panel 3 is found in Completing panel 3 of form RXC.

• You should ensure you provide as much detail as possible in panels 1 and 2 of the form to help us to identify which restriction the consent or certificate given relates to – we may need to raise a requisition if this is incomplete or unclear.

• Form RXC cannot be used to provide consents or certificates in respect of multiple titles. If you need to provide a consent or certificate in respect of multiple titles separate RXC forms must be lodged for each title. Alternatively, a consent or certificate can be given on letter headed paper.

• Form RXC cannot usually be used to provide consents or certificates in respect of more than one restriction in the register of the same title where those restrictions are in favour of different parties.

• If, however, there are multiple restrictions in favour of the same party in the register of a single title, that party can use form RXC to provide a consent in respect of all such restrictions by adapting panel 2 of the form to detail the various restriction entries.

• You should note that this does not apply to restrictions requiring certificates, which although in favour of the same party may refer to different documents or provisions. In this instance separate RXC forms must be lodged.

• Form RXC can be used to provide a bulk consent or certificate in respect of a restriction that catches multiple transfers of part from a parent title. Where a bulk consent or certificate is given in respect of specific plots, these can be referred to in panel 4 or 5 of form RXC as appropriate.

• If the person giving the consent or certificate is not named personally in the restriction – for example the restriction requires a certificate from “a conveyancer” or “the director or secretary of…” – then details of the person giving the consent or certificate must always be provided in part B of panel 3.

• If the certificate or consent given in form RXC is by a corporation aggregate (as opposed to their conveyancer) the requirements detailed in Certificate or consent by corporation aggregate will apply. Part B of panel 3 should be used to provide the full name of the signatory and the capacity in which they sign in order to comply with rule 91B (5) of the Land Registration Rules 2003).

• If the certificate or consent given in form RXC is by a conveyancer (other than a certificate to comply with a Form LL restriction), the requirements detailed in Certificate or consent by a conveyancer will apply. Part B of panel 3 should be used to state the full name of the individual and the capacity in which they are signing. You must state what sort of conveyancer you are under ‘Status’ in part B – for example solicitor, licensed conveyancer and so on.

• An incorrectly completed RXC form will lead to requisitions being raised and may result in delays to your application being processed.

3.1.6.2 Lodging form RXC with an application

If a copy of the RXC is being lodged with an application, or the restriction relates to a pending application, a scanned copy of form RXC should be upload as ‘evidence’.

3.1.6.3 Completing panel 3 of form RXC

Panel 3 is where you provide the details of the person giving the consent or certificate, and the capacity in which they are doing so. It is important that this panel is completed correctly, with all relevant details stated.

The following quick reference table will help you decide which boxes in panel 3 you need to select in various circumstances. This will depend on who is giving the consent or certificate. You can also refer to Appendix C for examples of how to complete form RXC in various circumstances.

Consent or certificate given by	Statement 1, Part A?	Statement 2, Part A?	Choose an option under Statement 2 of Part A?	Part B?
A private individual personally named in the restriction	Yes	No	No	No
An attorney of a private individual personally named in the restriction	No	Yes – entering the name of the individual named in the restriction	Yes – third option -enclosing appropriate evidence of the power	Yes
A corporation aggregate – provided by an officer, employee, agent or attorney	No	Yes – inserting the name of the corporation	Yes – third option	Yes
A conveyancer acting on behalf of the individual or corporation aggregate named in the restriction, or on behalf of their attorney	No	Yes – inserting the name of the individual or corporation you are representing	Yes – first option	Yes
A conveyancer when their status is described in the restriction (ie, a consent or certificate is required from “a conveyancer”, or a conveyancer acting for a specific party)	Yes – on the basis that their status is described in the restriction	No	No	Yes
An employee of a conveyancing firm, who is not themselves a conveyancer	No	Yes - inserting the name of the individual or corporation your firm are representing	Yes – second option	Yes
Registered proprietor of a specific title number or reversionary estate	Yes – on the basis that their status is described in the restriction	No	No	Yes – indicating that they are the proprietor of the relevant title under “Status”
Proprietor of a registered charge – private individual	Yes	No	No	No
Proprietor of a registered charge – corporation aggregate	No	Yes - inserting the name of the corporation	Yes – third option	Yes

3.1.6.4Consent or certificate required by the proprietor of a registered estate specified in the restriction

Some restrictions require a consent or a certificate to be given by the proprietor for the time being of a specific title number or specified registered estate – for example restrictions in standard Form M and the optional wording in Forms O and PP.

If the proprietor of the title mentioned in the restriction is an individual, they should normally tick the first box in Part A of panel 3 of the form, confirming they are the person described in the restriction as being able to give the consent or certificate, and then in Part B of panel 3, under ‘Status’ confirm they are the registered proprietor of the title referred to in the restriction.

If the proprietor of the title named in the restriction is a company, then normally the person giving the consent or certificate will tick the second box in Part A, confirming that they are giving the consent or certificate on behalf of the company, and then choose the third option.

Because they are not personally named in the restriction, they should also complete Part B, and provide details of their position in the company – for example ‘director’ or ‘secretary’.

3.1.6.5 Use of form RXC by attorney

If the individual signing form RXC is doing so because they are acting under a power of attorney, a copy of the power should accompany the form.

Alternatively, a separate conveyancer’s certificate can be lodged confirming:

• the date, donor and donee of the power of attorney (‘the power’)

• that the power is in existence and is validly executed as a deed

• that the power authorises the attorney to execute the document on behalf of the donor’ and

• that they hold the instrument creating the power

3.1.6.6 Giving a consent using form RXC

A consent to a disposition, and its registration, is given by completing panel 4 of form RXC.

As detailed in Using form RXC you should ensure that panel 4 is signed by the person(s) who can give the consent under the terms of the restriction, and that their details have been provided in panel 3.

An employee of a conveyancing firm, who is not themselves a conveyancer should sign panel 4 in the name of their firm. You should note that HMLR will rely on a consent given by an employee of a conveyancing firm to the same extent as a consent provided by an individual conveyancer. As a result, you must ensure that all relevant checks have been carried out and that the person giving the consent is satisfied that it is appropriate to do so on behalf of their firm prior to completing form RXC.

An individual who is not a conveyancer can sign panel 4 of form RXC in ‘wet ink’ or using an electronic signature.

We will only accept an electronically signed form RXC in the above circumstances when it is lodged by a conveyancer.

In doing so, we will rely on the conveyancer lodging the RXC having no reason to doubt the authenticity of the signature.

You must also make sure that all the disposition(s) that the consent relates to are listed in this section – for example “transfer, grant of easement, charge”.

3.1.6.7 Giving a certificate using form RXC

A certificate is given by completing panel 5 of form RXC.

The first point to address when completing panel 5 is to make sure all the disposition(s) that the certificate relates to are listed, for example “transfer, grant of easement, charge”.

You are then prompted to choose from one of three options for the certificate being provided, Option A, Option B, or Option C. Which one is appropriate will depend on the type of certificate required:

i)          Option A – This is a shortform method of providing the certificate required by the restriction. It relies on the restriction being accurately identified based on the information provided in panel 2 of the form, and the person providing the certificate being familiar with its terms.

This option should only be used if the person providing the certificate has read the terms of the restriction identified in panel 2 of the form, is satisfied that the requirements of the restriction have been met and that it is appropriate to give the required certificate. If this box is selected, we will assume that this is the case and will rely on the certificate provided.

If preferred, the terms of any required certificate can be set out in full by selecting Option C.

ii)         Option B – This is specifically designed for use in complying with Form LL restrictions. By selecting Option B, the person completing the form will ensure that the correct wording is used to satisfy the terms of that particular restriction.

If this option is selected, panel 5 must be signed by an individual conveyancer in wet ink.

For further guidance see Form RXC and Form LL or company counter fraud restrictions.

iii)        Option C – This is an alternative to the shortform certificate in Option A. There is space below Option C for the wording of the certificate required to comply with the restriction to be stated.

This option may be particularly useful if a conveyancer is sending form RXC to a third party (such as a management company) to sign and wishes to make clear exactly what certificate is required by the restriction.

Remember that the wording of the certificate given using Option C must exactly match that required by the terms of the restriction. If this is not the case we will raise a requisition for form RXC to be amended.

As detailed in Using form RXC you should ensure that panel 5 is signed by the correct person(s) who can give the certificate under the terms of the restriction, and that their details have been provided in panel 3.

An employee of a conveyancing firm, who is not themselves a conveyancer should sign panel 5 in the name of their firm. You should note that HMLR will rely on a certificate given by an employee of a conveyancing firm to the same extent as a certificate provided by an individual conveyancer. As a result, you must ensure that all relevant checks have been carried out and that the person giving the certificate is satisfied that it is appropriate to do so on behalf of their firm prior to completing form RXC.

An individual who is not a conveyancer can sign panel 5 of form RXC in ‘wet ink’ or using an electronic signature.

We will only accept an electronically signed form RXC in the above circumstances when it is lodged by a conveyancer.

In doing so, we will rely on the conveyancer lodging the RXC having no reason to doubt the authenticity of the signature.

As detailed above, if Option B is selected, form RXC must be signed by an individual conveyancer in wet ink.

3.1.6.8 Form RXC and Form LL or company counter fraud restrictions

As detailed in Giving a certificate using form RXC, form RXC can be used to provide a certificate to comply with Form LL and company counter fraud restrictions.

However the requirements in Restriction in Form LL or the company counter fraud restriction must be satisfied, and you should note the comments regarding the dating of certificates to comply with Form LL restrictions, including those given using form RXC, in that section.

To use form RXC to give a certificate to comply with a Form LL restriction you must:

Complete panel 3 correctly – a person within the definition of ‘conveyancer’ (rule 217A of the Land Registration Rules 2003) must tick the first box in Part A, because their status (“conveyancer”) is described in the restriction. The full details of the individual conveyancer giving the certificate must then be provided in Part B of panel 3.

Complete panel 5 correctly – You must select Option B in panel 5.

To use form RXC to provide a certificate in respect of a company counter fraud restriction, you must:

• complete panel 3 as detailed above

• complete panel 5 by selecting Option C and then inserting the following wording:

“the company which executed the document submitted for registration as disponor is the same company as the proprietor, and reasonable steps have been taken to establish that each person who signed as an officer of the company held the stated office at the time of execution.”

For both Form LL and company counter fraud restrictions panel 5 of form RXC must be signed by an individual conveyancer or CILEx Conveyancing Practitioner in their own name, not in the name of their firm (as required by rule 217A(2). Form RXC, as with all Form LL or company counter fraud certificates, must also always be signed in wet ink.

3.1.6.9 Form RXC – restrictions on the registration of disposals by overseas entities

The form of restrictions that are entered when an overseas entity is registered as proprietor of a registered title are detailed in section 3.2 of practice guide 78 overseas entities.

These restrictions can be complied with either by providing a valid overseas entity ID, or a certificate from a conveyancer when claiming an exception from the provisions of Schedule 4A of the Land Registration Act 2002.

A conveyancer should use either certificate OE1 or certificate OE2 for this purpose see section 3.4.2 of practice guide 78 overseas entities.

Form RXC can be used to provide these certificates, however you must note the following points:

It is important that as well as completing panel 3 correctly (to reflect the fact that a conveyancer is providing the certificate on behalf of the relevant overseas entity), panel 5 is completed correctly.

The correct option to select in panel 5 is Option C, with the full wording of the required certificate then being set out.

It will not be appropriate to select Option A in panel 5 in these circumstances and doing so will lead to the form’s rejection.