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

Incorporated associations

An incorporated association may execute a Real Property Act dealing, a Water Access Licence dealing or a deed for registration in the General Register.

A dealing or document by an incorporated association must be executed in one of the following ways:

  • pursuant to section 22(1) of the Associations Incorporation Act 2009 (NSW) without using a common seal signed by 2 authorised signatories
  • pursuant to section 22(2) of the Associations Incorporation Act 2009 (NSW) with a common seal if the seal is fixed to the dealing/plan and the fixing of the seal is witnessed by 2 authorised signatories or
  • pursuant to section 22(5) of the Associations Incorporation Act 2009 (NSW) in accordance with the provisions of the association’s constitution. The relevant clause of the constitution must be stated on the dealing/plan and a copy of the constitution must be provided.

The capacities of the signatories must be stated, i.e. either public officer or authorised signatory.

Authorised signatories are:

  • the association’s public officer, and
  • such members of the association’s committee as have been appointed by the committee to be authorised signatories pursuant to s36 Associations Incorporation Act 2009.

An association may authorise a delegate to execute a dealing or document on behalf of the association. The instrument of delegation or a certified copy must be produced and must have been executed under common seal. The full name and capacity of the delegate must be stated on the dealing or deed. If the capacity of the delegate cannot be verified from the instrument of delegation, refer it to Legal through the Senior Examining Officer.

A solicitor, barrister or licensed conveyancer may execute a dealing on behalf of the incorporated association in the usual manner provided the transaction does not dispose of or burden the association’s estate or interest.

See s22 and 24 Associations Incorporation Act 2009 and Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [90.600].

For execution by an Aboriginal Association see Aboriginal Corporations, Aboriginal Associations, The New South Wales Aboriginal Land Council, Local Aboriginal Land Councils, etc

An incorporated association may be placed under external administration or wound up.
The drawing of any dealing or instrument by an administrator or by a liquidator, the execution of that dealing or instrument will follow existing requirements that apply for companies.  See administrator, liquidator, receiver or controller.