ADIS Code - CB
The estate of a bankrupt proprietor may be conveyed by the Official Trustee in Bankruptcy or other appointed trustee.
The appointed trustee replaces the bankrupt proprietor. If the bankrupt holds as a joint tenant, the tenancy is severed and the incoming trustee will hold as a tenant in common with the other proprietors. The tenancy/shares held between the other proprietors is not altered. Two or more trustees must hold as joint tenants between themselves
The information contained hereunder relates to a current conveyance where a Qualified Title has not been issued.
A form of conveyance is set out in Schedule 2 Conveyancing Act 1919.
Stamp duty - Required. Marking as regards Vendors Duty is also required. If not marked, Registration insisted upon is prohibited.
Any alteration to the consideration, tenancy, interest/share, or change to the names of the parties must be marked. A minor change in spelling that does not alter the identity of a party may be ignored. The addition of a name must be marked.
Not required where the tenancy only is changed.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Required.
NOS form - Required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Conveyance - Bankrupt Estate (By Trustee)
(C) Locality - Required. The situation of the Old System land.
Link Conveyance - For the Old System land affected.
Principal Deed - Not required.
(D) Indexing - The bankrupt, the trustee and the purchaser.
(E) Certification - Required.
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, the trustee and the purchaser are required. Advise the lodging party of any discrepancies in names.
Tenancy: the tenancy/shares must be identical to that stated on the STP form. If tenancy is not stated for more than one purchaser, tenants in common is assumed.
Operative clause: "... hereby convey/convey to ...".
Locality: required. The situation of the Old System land.
Land Description: required. The Old System land must be described by reference to:
- a metes and bounds description
- another registered instrument
- a plan attached
- a Government Gazette notice or
- a lot or parcel in a subdivision.
Link Conveyance: required. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Execution: by the trustee for the bankrupt. A power of attorney must be registered. The bankrupt and the purchaser do 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 conveyance by more than one proprietor where:
- less than all of the proprietors are bankrupt and the conveyance is executed by the trustee for the bankrupt and
- the remaining proprietors convey in their own right
must be entered under the Conveyance Frame, ie code "C". Enter the trustee and the bankrupt as Vendors entries. Enter the purchaser as a Purchasers entry.
If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified Title has not issued. If issued.
If the conveyance by trustee in bankruptcy includes a covenant to produce enter a Noting: "With a covenant to produce".
The Conveyance Frame, ie code "C", is always used when at least one vendor is conveying in their own right.
Locality: required. The situation of the Old system land.
Link Conveyance: required. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: nil.
Noting: "Affecting [description of the land]".
- an interest, state: "interest in" (or Noting Code: "I")
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the bankrupt and the trustee, deceased estates or trusts and any variations therof.
P: the purchaser, deceased estates or trusts, and any variations thereof.