On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Guarantee

ADIS Code - GU

A guarantee is a contract in which one party gives a second party an undertaking to answer for any debt or default etc of a third party.

Lodgment requirements

Stamp duty - Required if dated before 1.1.1989.  If not marked, Registration insisted upon is prohibited.

Not required if dated on or after 1.1.1989.

Registration copy - Required.  If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form (completion)

(A) Lodging Party  - Must be completed.

(B) Instrument - Guarantee (Deed of)

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - Not required.

(D) Indexing - All parties involved in the guarantee.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the vendor and the purchaser are required.  Advise the lodging party of any discrepancies in names. 

Operative clause:  "... hereby guarantee ...".

Execution:  by the party giving the guarantee.  A power of attorney does not have to be registered.  The party who is the subject of or receiving the benefit of the guarantee does not have to sign. 

Attestation:  required.  Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF:  must be completed.

Staff processing information

A guarantee affecting a registered document must be entered under the General Frame, i.e. code "G", with a Noting: "Guarantee affecting [interest details]".  Enter all parties to the guarantee as Vendors entries.

CA    Not required.

Noting  Not required.

Indexing

Locality: nil.

Link Conveyance: nil.

Principal Deed: nil.

V: all parties to the guarantee, deceased estates or trusts, and any variations thereof.

P: nil.