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

Do land title documents need to include an Australian Company Number (ACN), Australian Business Number (ABN) or Australian Registered Body Number (ARBN)?

The following applies to Torrens Title land, Water Access Licences and instruments lodged in the General Register of Deeds.
 
When an Australian company is a party to a transaction involving Torrens Title land, Water Access Licences or a deed that is lodged for registration in the General Register of Deeds with NSW LRS, the company’s Australian Company Number (ACN), Australian Business Number (ABN) or Australian Registered Body Number (ARBN) must be recorded on the dealing or document evidencing the transaction directly after the first reference to the company name on the dealing, plan or document. 
 
A company may use their ABN in lieu of the ACN on a dealing or document provided the ABN includes the ACN as the last 9 digits of the 11 digit ABN.
 
Lodging parties should check ACNs, ABNs and ARBNs for accuracy prior to lodgment with NSW LRS. Lodging parties will be responsible for making any required amendments if NSW LRS identifies discrepancies after registration.
 
If a corporation has been deregistered since execution of the dealing, plan or document, lodging parties must provide evidence to NSW LRS that at the time of execution, the corporation was duly registered.
 
See the ABN, ACN and ARBN Information page on the Registrar General’s Guidelines website for further details about requirements for transactions involving corporations, including exceptions and execution by foreign corporations.

 

 
Publication Date: July 2024