Application to Record a New Registered Interest Holder

This page aims to help you complete an electronic Application to Record a New Registered Interest Holder dealing form. This form is used to record a vesting pursuant to section 46C Real Property Act 1900, or a change of trustee pursuant to section 12(4) Trustee Act 1925, to a new registered interest holder of a mortgage, lease or charge.

This form cannot be used for a change to the first schedule. To make a change to the first schedule, see Application to Record a New Registered Proprietor.

Information on the different registered proprietors can be found below:

• Religious bodies
• Crown Land Managers 
• Trustees of Friendly Societies (note that the Financial Sector Reform (Amendments and Transitional) Provisions Act 1999 had the effect that on the transfer date a friendly society was taken to be a company under the Corporations Act)
• Trustees other than by the Trustee Act 1925 (the lodging party must consider section 46C Real Property Act and the act upon which they are relying)
• Vesting of an incorporated association –
  • if the application is in respect of an unincorporated body then Schedule 2 Associations Incorporation Act 2009 applies and the relevant certificates must be provided in support of the application
  • if the application is in respect of a registrable corporation the assets become the assets of the association in accordance with section 9(2) Associations Incorporation Act 2009. The application should be accompanied by either:
    • the Secretary’s notification in accordance with section 7(4)(b) Associations Incorporation Act 2009
    • if the notification cannot be procured, the certificate of registration referred to in section 7(4)(a) Associations Incorporation Act 2009, along with the completed application form that was lodged with the Office of Fair Trading.

NOTE: An application pursuant to section 46C Real Property Act 1900 is not acceptable for a vesting on the appointment or retirement of a trustee under the provisions of the Trustee Act 1925, or where express provision for registration is made by the Real Property Act 1900 or any other Act. For more information see Trusts.
 
NOTE: A change of the lessee of a Crown land tenure term lease or a Crown Land Real Property Act lease must be lodged as a Dealing with Exception.

NOTE: The applicant must be represented in the workspace for this dealing form. 

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

1. verify their Client’s identity
2. establish their Client’s right to deal with the land
3. have a properly completed and executed Client Authorisation form and
4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 46C Real Property Act 1900 or section 12 Trustee Act 1925.

Stamp Duty – required. Select Application to Record a New Registered Interest Holder (with Stamp Duty).

Stamp duty is not required, and Application to Record a New Registered Interest Holder (without Stamp Duty) can be selected for:

• An application pursuant to section 46C Real Property Act 1900 by:
  • the NSW Crimes Commission vesting land in the name of the Public Trustee of NSW pursuant to the Criminal Assets Recovery Act 1990 or
  • State Rail Authority of New South Wales land vesting in Rail Corporation New South Wales pursuant to section 94 Transport Administration Act 1988 or
  • a reserve trust or
  • a statutory authority or
  • a religious body or
  • an application pursuant to the Associations Incorporation Act 2009
• An application pursuant to section 12 Trustee Act 1925 where it is pursuant to a will.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of an Application to Record a New Registered Interest Holder.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Application to Record a New Registered Interest Holder dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Enter the applicant.

Enter the new registered proprietor of the registered interest.

Document

Create Document – Select Other Documents.

Select either:

• Application to Record a New Registered Interest Holder (with Stamp Duty) where stamp duty is payable or
• Application to Record a New Registered Interest Holder (without Stamp Duty) where no stamp duty is payable.

Dealing on Title

Select the interest affected, being a mortgage, lease or charge.

Dealing Number

Select the dealing number.

Present Registered Interest Holder

Select the present registered interest holder.

New Registered Interest Holder

Select the new registered interest holder.

Tenancy/Shares of the New Registered Interest Holder

Enter the tenancy/shares of the new registered interest holder.

Applicant

Select the applicant.

Legislative Provision/Instrument of Appointment

For an application pursuant to section 46C Real Property Act 1900:

• Enter the legislative provision, date and folio of the Gazette related to the application. A copy of any relevant Government Gazette notice must be attached.

For an application pursuant to section 12 Trustee Act 1925:

• Enter the registered Book and Number of the instrument of appointment pursuant to section 12 Trustee Act 1925. Any associated deeds of appointment, retirement etc. made subsequent to the date of the trust instrument must be registered in the General Register of Deeds. Any sealed copies of wills, or evidence of the happening of an event related to the deeds of appointment, retirement etc., must be attached if they are not registered in the General Register of Deeds.

Application to Record a New Registered Interest Holder pursuant to

Select one of the following:

• SECTION 46C REAL PROPERTY ACT 1900: In regard to the above registered dealing, the applicant requests the Registrar General to record the new registered interest holder on the folio of the Register, the registered dealing having vested in the new registered proprietor pursuant to the legislative provision.
• SECTION 12(4) TRUSTEE ACT 1925: In regard to above registered dealing, the applicant requests the Registrar General to record the new registered interest holder on the folio of the Register pursuant to the instrument of appointment.

Attachment

Attachment Type – Supporting Evidence

For an application pursuant to section 46C Real Property Act 1900:

• A copy of any relevant Government Gazette notice must be attached.

For an application pursuant to section 12 Trustee Act 1925:

• Any sealed copies of wills, or evidence of the happening of an event related to the deeds of appointment, retirement etc., must be attached if they are not registered in the General Register of Deeds.
• Other attachments may include a statutory declaration, where relevant.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

It is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

All NSW legislation can be accessed at www.legislation.nsw.gov.au