Australian Capital Territory Current Acts

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Memorandum of transfer

    (1)     An interest in land under this Act may be transferred by registration of a memorandum of transfer.

Note 1     A fee may be determined under s 139 (Determination of fees, charges and other amounts) for lodgment of a memorandum of transfer.

Note 2     If a form is approved under s 140 (Approved forms) for a memorandum, the form must be used.

    (2)     The registrar-general must not register a memorandum of transfer unless—

        (a)     if the transfer is lodged by—

              (i)     a legal practitioner on behalf of a party—the legal practitioner provides the certification under section 48BA; or

              (ii)     a mortgagee corporation—the mortgagee corporation provides the certification under section 48BB; or

        (b)     in any other case—the transfer has been executed by the registered proprietor of the land and accepted by the transferee or the transferee's legal practitioner on the transferee's behalf.

Note     The transferee's identity and authority to transfer the land must also be verified (see s 48BC) .

    (3)     An acceptance under subsection (2) (b) shall be evidenced—

        (a)     in the case of an individual—by his or her signature; or

        (b)     in the case of a corporation—in accordance with the Corporations Act

, section 127 (Execution of documents (including deeds) by the company itself).

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