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

Appointment of receiver by chargee

ADIS Code - G

A chargee may, pursuant to an express power in the charge, and following default by the charger, appoint a receiver to manage or sell the land affected by the charge. See s115 Conveyancing Act 1919.

See appointment of a receiver by a mortgagee page.

The original charge is not required.

Lodgment requirements

Stamp duty - Required if dated before 1.7.1998.  If not marked, Registration insisted upon is prohibited. Not required if dated on or after 1.7.1998.

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 - General Registe - Deed / Instrument

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - The affected charge if registered in the General Register.

(D) Indexing - The chargor and the chargee.

(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 charger and the chargee are required.  Advise the lodging party of any discrepancies in names. 

Operative clause:  "... hereby appoints ...".

Execution:  by all of the chargees stated in the appointment.  A power of attorney must be registered if Old System land is affected.  The charger or receiver 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

CA  Not required.

A Noting is required to describe the deed, see Indexing below.

Indexing

Locality:  nil.

Link Conveyance:  nil.

Principal Deed:  if registered in the General Register, the affected charge.  Appointments may be registered with ASIC.

Noting:  "Appointment of receiver by chargee".

If Old System land is affected and:

  • 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 charger, including any trusts or deceased estates, and the chargee.  Any variations of names must be entered.

P:  nil.