The full legal name of the party taking, e.g. the transferee or mortgagee, must be stated where required on a Real Property Act dealing. Initials are acceptable where they form part of a company name.
Where the party taking is a person (not a company) and their full legal name includes initials, evidence in the form of a statutory declaration with an annexed copy of a drivers licence, passport or some other official identity document showing that the initials are part of the full legal name, must be provided.
Reference to 'junior' or 'senior' is acceptable after the name and will be included in the notification.
The ACN of a company must be stated.
The ARBN for a body, other than a company or statutory authority, capable of dealing with land must be stated.
A foreign company that does not have an ARBN must furnish a statutory declaration or statement set out under the company letterhead by an officer or representative of the company stating that the company:
- is a foreign company
- is not registered in Australia as a foreign company
- does not have an ARBN and
- does not carry on business in Australia.
A trading name may be included but will not be shown on the Torrens Title Register.
Acceptable abbreviations as listed by ASIC
|
Full word
|
Abbreviation
|
|
and
|
&
|
|
Australian Business Number
|
ABN
|
|
Company
|
Co; Coy
|
|
No Liability
|
NL
|
|
Proprietary
|
Pty
|
|
Australian
|
Aust
|
|
Australian Company Number
|
ACN
|
|
Limited
|
Ltd
|
|
Number
|
No
|
The acquiring dealing must be registered 'as drawn';
e.g. ABACUS Pty Ltd must be registered as ABACUS Pty Ltd not ABACUS Pty Limited;
Discrepancies between the full word and the abbreviation will not be requisitioned;
e.g. ABACUS Pty Ltd as registered proprietor and Abacus Pty Limited as lessor.
The capacity of trustees, executors or administrators is not to be shown on the dealing, see s82(1) Real Property Act 1900, except for:
- a Transmission Application
- a Bankruptcy Application or
- an application pursuant to:
-
- s46C Real Property Act 1900
- s12 Trustee Act 1925, or
- an Order of Court.
Where a party who has taken an estate or interest is deceased, and even though the dealing has been executed by the deceased, the dealing is not acceptable. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [250.250].
See dealings in favour of a minor.
Staff processing information
A dealing:
- in favour of a liquidator or
- where the party gaining benefit of the transaction is the attorney of the party disposing,
must be referred to Legal through the Senior Examining Officer.