Office Circular No. 9/2022
DATE: 20 SEPTEMBER 2022
CIRCULAR MEMORANDUM: 9/2022
DISTRIBUTION: GENERAL
SUBJECT: FOREIGN COMPANIES AND ARBN ENTITIES
The purpose of this Circular is to provide the Recorder's policy regarding requirements for Land Titles Office documents executed by foreign companies, and by Australian entities with an Australian registered Body Number (ARBN).
- Foreign Companies with an ARBN
If a foreign company has been registered with ASIC and has an ARBN, the Recorder requires the following:
a. ARBN has to be stated on the document
b. The document has to be accompanied by a statutory declaration of an officer of the company or a letter from a legal practitioner of the company's originating country attesting that:
i. The company has duly executed the document under the laws of the originating country
ii. The person(s) who executed the dealing had the capacity to do so
c. The document has to be accompanied by a certified copy of an ASIC search of the company's ARBN. [NOTE the Recorder is satisfied that a free ASIC search suffices for this purpose]
2. Foreign Companies without an ARBN
If a foreign company does not have an ARBN, the Recorder requires the following:
a. The document has to be accompanied by a statutory declaration of an officer of the company or from a legal practitioner in the company's originating country attesting that:
i. The declarant is either an officer of the company or a legal practitioner in the company's originating country
ii. The company exists and is registered in the originating country
iii. The company does not have an ARBN
iv. The company does not carry out business in Australia
v. The company has duly executed the document under the laws of the originating country
vi. The person(s) who executed the dealing had the capacity to do so
b. That statutory declaration or letter should additionally annexe the following evidence:
i. A copy of a current company search from the country of origin confirming the company exists and is registered in that country, or other equivalent evidence (with a translation into English if required, which translation must meet the requirements of regulations 13(2A) and 13(2B) of the Land Titles Regulations 2012).
3. Australian registered bodies with an ARBN
Any Land Titles Office document that is executed by an entity displaying an ARBN must be accompanied by a certified copy of an ASIC search of the entity's ARBN [NOTE the Recorder is satisfied that a free ASIC search suffices for this purpose].
Strict compliance with these requirements will commence on 1 November 2022. Requisitions will be raised after that date on non-compliant documents.
It is anticipated that this policy will be added as an appendix to the recently published Guide to Corporate Execution of Documents in due course.
ROBERT MANNING
Recorder of Titles