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

Example forms of attestation

Example 1 - General form of attestation

'Signed in my presence by ...... (their full name) ... who is personally known to me.'

If the words 'who is personally known to me.' are omitted or struck out, further proof of execution will be required.

The witness must also clearly show their full name and their full residential or business address.

Example 2 - Attestation to the affixing of a seal

This type of attestation should be in the following, or similar form:

'The common seal of ..... (enter full name of corporation) ...... was affixed hereto .... (see 'Example of alternatives' below) ...... in the presence of ..... (enter name(s) of person(s) attesting the fixing of the seal and their capacity, Director, Secretary etc., or authority as a witness) ............'.

Example of alternatives:

  • 'in accordance with its articles of association' or
  • 'by the authority of the Board of Directors' or
  • 'by a unanimous resolution of the Board of Directors'.

Example 3 - Attestation to an execution by a marksperson

This type of attestation should indicate that the contents of the document were read over and explained to the marksperson and the marksperson acknowledged that they understood the nature and effect of the document.

A form similar to the following should be used:

'Signed in my presence by ........ (name of person) ..... and I hereby certify that the contents of this document were read over and explained to the said ..... (name person again) ......... who, to the best of my belief, understood the nature and effect thereof.'

Example 4 - Execution without a seal

Where documents or a section 88B instrument are executed without a seal, the persons signing should show the position they hold in the company, their initials and their surname.

Sample execution without company seal