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

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

8. Appendix C: completing form RXC - examples

8. Appendix C: completing form RXC - examples

In this section you will find examples of how form RXC should be completed in a variety of common scenarios. The examples are not exhaustive, and you may wish to refer to the quick reference table in section 3.1.6.3 for further guidance.

Contents

8.1 Completing panels 1 and 2 of form RXC (all cases)

8.2 Completing panels 3 and 5 – Form LL restrictions

8.3 Completing panels 3 and 5 – an individual conveyancer acting for the party named in the restriction

8.4 Completing panels 3 and 5 – an employee of the conveyancing firm that acts for the party named in the restriction

8.5 Completing panels 3 and 5 – an attorney of an individual named in a restriction

8.6 Completing panels 3 and 5 – an employee or officer of a corporation named in a restriction

8.7 Completing panel 4 – providing a consent

8.1 Completing panels 1 and 2 of form RXC (all cases)

Panels 1 and 2 of form RXC are extremely important as they allow us to identify the restriction to which the consent or certificate being provided relates.

Panel 1

Make sure that you include the correct title number of the title the restriction affects, and the full postal address.

Panel 2

You need to tell us where the restriction is located on the register of title you identified in panel 1. In order to establish this, we ask a series of questions in panel 2, and the more information you can provide the less likely it is that we will need to raise a requisition.

Completing panel 2 accurately is particularly important if the title concerned has a number of restrictions on the register in favour of the same party or of a similar date. In these situations, you should complete the panel as fully as possible.

The first thing you will be asked for is the “registered on date”. This is the date in brackets at the start of the restriction as shown in the example below:

2.(25.07.2011) RESTRICTION: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number ABC123456 or their conveyancer that the provisions of Clause 3.19.1 of registered lease have been complied with.

Next, you are asked for the entry number of the restriction. This appears immediately before the registered on date, as shown in the above example.

You are then asked to identify which register the restriction appears in. There are two possible options – B (Proprietorship) Register or C (Charges) Register.

As an example, if the above restriction appeared at entry 2 of the Proprietorship Register, you would select the first of the two options.

Next, you are asked to confirm the edition date of the copy of the register you looked at to establish where the restriction was located. We ask you to provide this information in case there have been any changes to the register since you obtained an official copy or viewed the register using our online services that would make it difficult to identify the restriction in question.

You can find this date at the top of the Official Copy you have obtained, or in Register View.

You should only complete the final section of panel 2 if, due to the sequence of transactions lodged, you know that you are going to need to comply with a restriction that, whilst contained in a document lodged for registration, is not yet entered on the register.

In this case you just need to tell us what document the restriction is contained in so that we can easily identify it.

8.2 Completing panels 3 and 5 - Form LL restriction

Scenario: an individual regulated conveyancer is seeking to comply with a Form LL restriction worded as in the following example:

“No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that that conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor.”

Complete form RXC by:

“I confirm that I am/we are described in the restriction as being able to give the consent or certificate.”

This is because the restriction describes the status of the person who should provide the certificate – in this case “a conveyancer”.

Then complete Part B in full with the details of the individually regulated conveyancer providing the certificate.

  • Completing panel 5 as follows:

First, list the dispositions the certificate relates to.

Then, select Option B:

B  I certify that I am satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor (individual conveyancer to sign below IN WET INK).

The individual conveyancer must then sign the form in wet ink, inserting their name and the date.

8.3 Completing panels 3 and 5 – an individual conveyancer acting for the party named in the restriction

Scenario: An individual conveyancer is giving a certificate on behalf of the person named in the following restriction:

“No disposition of the registered estate (other than a charge) by the proprietor of the registered estate, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by the proprietor for the time being of title ABC1234 that the provisions of clause 3.1 of a Transfer dated 22 May 2015 between John Smith and Jane Smith have been complied with.”

Complete form RXC by:

Then select the first of the three options below, which reads as follows:

I am an individually regulated conveyancer acting on their behalf

I am signing this form in my own name

I have provided my details in Part B.

Then complete Part B in full with the details of the individually regulated conveyancer providing the certificate.

  • Completing panel 5 as follows:

First, list the dispositions the certificate relates to.

Then select the type of certificate you want to give. The choice is either to give a shortform certificate using Option A:

A I/we have read the terms of the restriction identified in panel 2 of this form. By selecting this Option A and signing this form, I am/ we are providing the certificate required by that restriction. (Do not use this option for a Form LL restriction).

Or if you wish to set out the terms of the certificate required, select Option C and insert the required wording of the certificate.

The conveyancer giving the certificate should then sign the form where indicated and insert their name and the date.

8.4 Completing panels 3 and 5 – an employee of a conveyancing firm that acts for the party named in the restriction

Scenario: an employee of a conveyancing firm (who is not themselves a conveyancer) is giving a certificate in the name of their firm on behalf of the company named in the following restriction:

“No disposition of the registered estate (other than a charge) by the proprietor of the registered estate, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by X Management Company Limited that the provisions of clause 4.2 of a Transfer dated 22 May 2015 between X Homes and Jane Smith have been complied with.”

Complete form RXC by:

Then choose the second of the three options below which reads as follows:

I am employed by the regulated conveyancer acting on their behalf

I am signing this form and acting on behalf of my employer

I have provided my details in Part B.

Then complete Part B in full with the details of the individual providing the certificate.

  • Completing panel 5 as follows:

First, list the dispositions the certificate relates to.

Then select the type of certificate you want to give. The choice is either to give a shortform certificate using Option A:

I/we have read the terms of the restriction identified in panel 2 of this form. By selecting this Option A and signing this form, I am/ we are providing the certificate required by that restriction. (Do not use this option for a Form LL restriction).

Or if you wish to set out the terms of the certificate required, select Option C and insert the required wording of the certificate.

Then sign the form in the name of the firm giving the certificate.

8.5 Completing panels 3 and 5 – an attorney of an individual named in a restriction

Scenario: an attorney of an individual named in a restriction gives a certificate to comply with the following restriction on their behalf:

“No disposition of the registered estate (other than a charge) by the proprietor of the registered estate, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by John Smith that the provisions of clause 6.2 of a Transfer dated 22 May 2015 between John Smith and Jane Smith have been complied with.”

Complete form RXC by:

Then choose the third of the three options below which reads as follows:

My status (described in Part B), and/or the additional  evidence I have lodged, establishes that I am duly authorised to sign this form on their behalf in my own name.

Then complete Part B in full with the details of the person giving the certificate.

Remember that evidence of the power under which the attorney is acting must be lodged with form RXC to demonstrate the attorney’s ability to act on behalf of the person named in the restriction.

  • completing panel 5 as follows:

First, list the dispositions the certificate relates to.

Then select the type of certificate you want to give. The choice is either to give a shortform certificate using Option A:

I/we have read the terms of the restriction identified in panel 2 of this form. By selecting this Option A and signing this form, I am/ we are providing the certificate required by that restriction. (Do not use this option for a Form LL restriction).

Or if you wish to set out the terms of the certificate required, select Option C and insert the required wording of the certificate.

Then sign the form where indicated, inserting the name of the individual signing and the date.

8.6 Completing panels 3 and 5 – an employee or officer of a corporation named in a restriction

Scenario: An employee or officer of a corporation is providing a certificate to comply with the following restriction:

“No disposition of the registered estate (other than a charge) by the proprietor of the registered estate, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by X Management Company Limited that the provisions of clause 4.2 of a Transfer dated 22 May 2015 between X Homes and Jane Smith have been complied with.”

Complete form RXC by:

Then choose the third option below which reads as follows:

My status (described in Part B), and/or the additional  evidence I have lodged, establishes that I am duly authorised to sign this form on their behalf in my own name.

Then go on to complete Part B with the details of the individual providing the certificate, and their role within the corporation named in the restriction.

  • Completing panel 5 as follows:

First, list the dispositions the certificate relates to.

Then select the type of certificate you want to give. The choice is either to give a shortform certificate using Option A:

I/we have read the terms of the restriction identified in panel 2 of this form. By selecting this Option A and signing this form, I am/ we are providing the certificate required by that restriction. (Do not use this option for a Form LL restriction).

Or if you wish to set out the terms of the certificate required to select Option C and insert the required wording of the certificate

Then sign the form where indicated, insert the name of the individual signing and the date.

8.7 Completing panel 4 – providing a consent

Before completing this section you will have already identified the restriction as described in Completing panels 1 and 2 of form RXC (all cases), you should also have completed panel 3 to identify who is providing the certificate.

Specific examples as to how to complete panel 3 in various circumstances can be found in sections 8.1 – 8.6 above, and in section 3.1.6.3.

Panel 4 is used to provide a consent when this is required by the terms of a particular restriction.

First, ensure that you have listed all the dispositions to which the consent is being given.

Then it is simply a case of signing the form where indicated in panel 4, then providing the name of the signatory and the date. Remember that these details must match those given in Part B of panel 3.

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