ADIS Code - SD
A statutory declaration, like an oath, is a personal statement and therefore must be made by the declarant. It cannot be signed on the declarant's behalf. An attorney or solicitor must make a declaration in his or her own right, not on behalf of the donor or client, and amend the declaration accordingly, ie "to the best of my knowledge and belief".
Affecting Old System land
Where the statutory declaration contains a transaction:
- that is liable to stamp duty it must be marked by Revenue NSW
- that changes ownership, a Notice of Sale (NOS) form is required and
- that would normally result in a Conversion Action, a Statement of Title Particulars form is required.
For further information regarding statutory declarations click here.
Lodgment requirements
Stamp duty - Not required.
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 - Statutory Declaration
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - Not required.
(D) Indexing - The declarant.
(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 declarant is required. Advise the lodging party of any discrepancies in names.
Operative clause: "... solemnly and sincerely declare pursuant to the Oaths Act 1900", where the statutory declaration is made within NSW.
Where the declaration has been made outside NSW reference to the relevant Act must be inserted. Statutory declarations must be made pursuant to the legislation applicable in the state, territory or country in which they are made.
Execution: by the declarant. A power of attorney must be registered where the statutory declaration involves land or shares. Other parties mentioned in the statutory declaration do not have to sign.
Attestation: required. Must be witnessed by a prescribed functionary.
IPF: must be completed.
Staff processing information
A statutory declaration affecting Old System land must be entered under the General Frame, ie code "G", with a Noting: "Statutory declaration [description of the declaration]". Enter the Locality and Link Conveyance. Enter the declarant as a Vendors entry.
Affecting a registered document
A statutory declaration affecting a registered document, ie there is a Principal Deed, must be entered under the General Frame, ie code "G", with a Noting: "Statutory declaration [description of declaration] affecting [type of document and registered number]". Enter the registered document as the Principal Deed. Enter the declarant as a Vendors entry.
An affidavit affecting a previous registered document, ie. there is a Principal Deed, must be entered in the General Frame, ie code "G", with a Noting: "Affidavit [description of affidavit] affecting [type of document and registered number]". Enter the registered document as the Principal Deed.
CA Not required
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: nil.
Noting: "Statutory declaration [description of declaration]".
V: the declarant, deceased estates or trusts, and any variations thereof.
P: nil.