Responsibilities of examiners and monitors
It has come to light that examiners and monitors do not assume responsibility for examination actions that they perform. In order to assist the deeds registries in the proper execution of deeds registration functions the relevant duties are outlined below.
The first and second examiners must confirm having examined a transaction by initialling all the pages of deeds and all pages of supporting documents, obliterate the names of previous examiners in cases of relodgement. When removing notes examiners must endorse the removal with their name stamps and sign and date the removal accordingly.
Monitors must endorse the cover page of every deed monitored with their name stamps and sign the endorsements accordingly.
- Assistant Registrars have to place their name stamp on all deeds monitored by them.
- The name must be stamped on each cover in a batch, except where all covers are lodged by the same law firm.
The name stamp will serve the following purposes:
- As proof that the deed/s was monitored (not examined) by the Assistant Registrar;
- As identification of the responsible Assistant Registrar;
- To assist with consultations purposes or removal of a note or notes by conveyancers or conveyancers' clerks and
- As proof that the Assistant Registrar has looked at notes raised by either the junior or senior examiner, or both of them and that a notes raised is in principle agreed with.
- Deeds not stamped will be regarded as not having been monitored.
4. Deeds Registries
In order to ensure compliance with the above mentioned responsibilities, deeds registries must furnish all examiners and monitors with name stamps and keep a register of the signatures of all the examiners and monitors.
It is very concerning that endorsements will be signed before deeds are submitted for execution. One must remember that cessions, cancelations, notarial deeds etc. are deemed registered when the Registrar affixes his signature to the endorsement.
Leave a comment: