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

Substitution of attorney

ADIS Code - PAS

A power of attorney may contain a condition that specifically allows an appointed attorney to appoint another in their place.  The substitution may be for a specific period of time and/or for a specific purpose, or may not be qualified.

The power of attorney is not required.

Lodgment requirements

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

Not required if executed 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 - Power of Attorney - Substitution of

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - The affected power of attorney if registered.

(D) Indexing - The principal.

(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 principal is required. Advise the lodging party of any discrepancies in names.

Operative clause: "... hereby substitutes...".

Principal Deed:  required.  The registered number of the power of attorney as stated in the revocation must be identical to the number stated on the IPF.

Execution:  by the original attorney.  The substitute attorney 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

Indexing

Locality: nil.

Link Conveyance: nil.

Principal Deed: the registered original power of attorney.

Noting: nil.

V:  the principal, and any variations thereof.  The attorney and the substitute attorney are not given an Index entry.

P:  nil.