Changes are happening to the conveyancing process. Please read this information together with the overview on the Reforms to Conveyancing Process webpage.
Certification Rules
Subscribers who are Representatives (legal practitioners and licensed conveyancers), Subscribers who are financial institutions, and Subscribers who are Self-represented parties will be required to provide certifications in relation to most Registry Instruments and other Documents lodged in accordance with the Land Titles Act 1980.
Certain Registry Instruments and other Documents are excluded from the application of the Recorder's Directions, including the certification requirement. A list of these exclusions is provided on the Recorder’s Directions webpage.
The Certification Rules applicable in Tasmania are identical for both paper-based and electronic conveyancing and are contained in the Recorder’s Directions and Participation Rules.
The requirements relating to providing certifications are different in paper-based and electronic conveyancing. For more information review the Certifications webpage.
The Certification Rules are as follows:
The Certifier has taken reasonable steps to verify the identity of the [transferor/ transferee/ mortgagor/ mortgagee/ caveator/ applicant/ covenantor/ covenantee/ encumbrancer/ encumbrancee/ grantor/ grantee/ lienor/ lessor/ lessee/ receiving party/ relinquishing party] or his, her or its administrator or attorney.
The Certifier holds a properly completed Client Authorisation for the Conveyancing Transaction including this Registry Instrument or Document.
The Certifier has retained the evidence supporting this Registry Instrument or Document.
The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant law and any Prescribed Requirement.
The Certifier, or the Certifier is reasonably satisfied that the mortgagee it represents:
(a) has taken reasonable steps to verify the identity of the mortgagor or his, her or its administrator or attorney
(b) holds a mortgage granted by the mortgagor on the same terms as this Registry Instrument or Document.
Please note: any capitalised term has the meaning given to it in the Recorder’s Directions, the Participation Rules, the Operating Requirements, or the Electronic Conveyancing National Law (ECNL) as applicable.
Certifications provided by Subscribers
The following table sets out the certifications to be provided by a Certifier (Subscriber), depending on the Subscriber’s role in the Conveyancing Transaction:
| Subscribers who are Representatives
| Subscribers who are Representatives of a mortgagee (for a mortgage)
| Subscribers who are Self-represented
| Subscribers who are Self-Represented and are a mortgagee (for a mortgage)
|
Certification 1
| ü
| ü
| û
| û
|
Certification 2
| ü
| ü | û
| û
|
Certification 3
| ü
| ü
| ü | ü |
Certification 4
| ü | ü
| ü
| ü
|