SENATE

BILL

PRINTED BY THE GOVERNMENT PRINTER, CARONIREPUBLIC OF TRINIDAD AND TOBAGO—2020

Legal Supplement Part C to the “Trinidad and Tobago Gazette’’, Vol. 41,No. 218, 18th November, 2002

No. 2 of 2020

MISCELLANEOUS PROVISIONS (REGISTRAR GENERAL,REGISTRATION OF DEEDS, CONVEYANCING AND LAWOF PROPERTY, REAL PROPERTY, STAMP DUTY ANDREGISTRATION OF TITLE TO LAND) ACT, 2020

Explanatory Note

(These notes form no part of the Bill but are intended only toindicate its general purport)

This Bill seeks to amend the Registrar General Act,Chap. 19:03, the Registration of Deeds Act, Chap. 19:06, theConveyancing and Law of Property Act, Chap. 56:01, Real PropertyAct, Chap. 56:02, the Stamp Duty Act, Chap. 76:01 and theRegistration of Title to Land Act, 2000 to deal with fraud thatoccurs with land dealings, to make provisions for transparency inrespect of legal arrangements and beneficial ownership and meetour international requirements under Recommendation 25 andImmediate Outcomes 5 of the Financial Action Task ForceRecommendations.

The Bill would contain eight clauses.

Clause 1 of the Bill would provide for the short title of the Actfor which this is the Bill.

Clause 2 of the Bill would provide for the commencement of theAct on such date as is fixed by the President by Proclamation.

Clause 3 of the Bill would amend the Registrar General Act insections 4, 5, 7 and the Schedule. Paragraph (a) of clause 3 wouldseek to amend section 4 of the Act to first change the reference tothe number of indexes that may be created by the Registrar from 4indexes to 7 indexes. The three additional indexes under thissubsection are indexes for contracts for sale of land, for beneficialowners (which becomes necessary because of amendments tothe Companies Act to deal with beneficial ownership) and forregistrable documents executed but not registered. Subparagraph (ii)would insert a number of new subsections. The proposed sub-section (1A) would empower the Registrar General to keep anotherindex for all instruments of trusts which are registered under theRegistration of Deeds Act. This index is a closed index and for thepurpose of our obligations under the Financial Action Task ForceRecommendations can only be accessed by the Director of theFinancial Intelligence Unit of Trinidad and Tobago (the FIU) forthe purpose of enabling the FIU to do its analysis under the

Financial Intelligence Unit of Trinidad and Tobago Act. The indexwill also be open to an officer of the police service of the rank ofSuperintendent or above, attached to the financial investigations orfraud divisions, solely for the purposes of investigating whether anoffence has been committed under any written law, for the purposeof laying any information or the preferring of an indictment. Theindex is also open to the Chairman of the Board of Inland Revenueand by order of the court.

Subparagraph (iii) of paragraph (a) would amend section 4(2)to include a new paragraph (f), which would set out how indexes ofcontracts for sale of land, beneficial owners, registrable documentsexecuted but not registered and trusts are to be kept.Subparagraph (iv) would insert after subsection (5) a newsubsection (6), which would set out the definitions for “beneficialowner” and “trust”.

Paragraph (b) would amend sections 5 and 6 to recognize thatthe index of trusts is not open to the public as the other indexes are.Paragraph (c) would amend section 7 to introduce a new subsectionto allow the Minister with responsibility for legal affairs to amendthe Schedule by Order, subject to negative resolution, so as to allowthe scale of fees to be amended while giving the Parliament somedegree of scrutiny. Finally, paragraph (d) would amend theSchedule of fees to provide for the new administrative fees due tothe new applications that are being proposed under this Bill.

Clause 4 would amend the Registration of Deeds Act,Chap. 19:06 in sections 1, 2, 3, 5A, 7, 13A and to add newsections 5B., 5C., 5D, 15A.–15I. and 22–29. In an effort to bettermanage the Act, a number of headings are being inserted into theBill. Since the Interpretation Act, Chap 3:01 recognizes a headingas a part of a Bill we are allowed to insert, delete and amend theheadings in this Bill. Accordingly, in paragraph (a), the firstheading entitled “Part I Preliminary” is being inserted beforesection 1. Paragraph (b) would amend section 2 of the Registrationof Deeds Act to insert three new definitions for phrases being usedin the Act. The definitions included are “authorized clerk”, “interestin land” and “Minister”. The definition of “qualified functionary” isbeing amended to remove the reference “to a conveyancer”.Subparagraph (iii) would introduce a new subsection (2A) toprovide for the definition of “registrable documents” which is to beused in Parts IV and V of the Act.

Paragraph (c) would introduce a new heading for Part II whichis to be entitled “Execution and Registration of Deeds”.

Paragraph (d) would renumber section 3 as section 3(1) andinsert a new subsection 3(2) which would make it clear that all

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registrable documents must be registered in order for them to bevalid and effectual both in law and equity for the purpose ofcreating, transferring or conveying land.

Paragraph (e) would correct the reference to the LandSurveyors Act. Paragraph (f) would insert after section 5A, anumber of new sections. Proposed section 5B would take some ofthe substantive parts of section 7 and move them here in terms oflayout of the Bill and further reconcile procedural aspects under theConveyancing and Law of Property Act with the processes andmethod of execution under this Act. The new section would providefor the mode of execution of documents inside and outside ofTrinidad and Tobago and where it is executed by a company orcorporation. Where it is executed in Trinidad and Tobago, the Deedmust be executed in the presence of at least one witness not beinga party to the Deed and a qualified functionary and the Deed’ssigning and delivery are to be attested by one of those witnessesstating his name, abode or business address, profession oroccupation or condition in life and by the qualified functionarystating his name and his qualifications. Where the Deed isexecuted outside of Trinidad and Tobago, the execution must be inthe presence of at least one witness not a party to the Deed and thesigning is to be attested by one such witness stating his name,abode or business address, profession or occupation or condition inlife. Where the Deed is executed by a company or corporation, theDeed is to be executed and attested in the manner required by anywritten law or the common law. A qualified functionary is definedin the current law to be a Judge of the Supreme Court, A Justice,an Attorney-at-law or the Registrar of the Supreme Court.

The new section would prohibit a qualified functionary fromsubscribing to any deed unless it bears the signature of theAttorney-at-law as having prepared the Deed. Proposed section 5Cwould provide for the attestation of Deeds executed outside ofTrinidad and Tobago. Proposed section 5D would provide for theexecution of documents where the person is unable to sign and foran execution to be done using foreign characters or a mark.However, the Registrar may refuse to register the Deed for which aforeign character or mark is used unless there is a certificate on theDeed of an Attorney-at-law, a Justice or a duly licensed interpreter,that he has explained or caused to be explained the true purpose ofthe Deed and he is satisfied that the person understands.

Paragraph (g) would repeal sections 7 and 8 which are nowcontained more substantively in sections 5A to 5D and substitute anew section 7 which would provide that where the Deed isproperly attested in accordance with sections 5B and 5C it may beregistered under the Act.

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Paragraph (h) would amend section 13A to first amendsection 13A to make it a 13A(1) and inserting a new paragraph (f)to allow the Minister to, by Order, prescribe further particulars forthe cover sheet. Subsection (2) would, however, ensure that whilethe relevant information on the cover sheet is entered on to theindex that the cover sheet is not open to the public so that thepersonal information on the cover sheet is not open to the public.

Paragraph (i) would insert a new Part III that would deal withContracts for the Sale or Other Dispositions of Land and wouldhave 3 new sections, a new Part IV that would deal with theExecution and Registration of Registrable Documents which wouldcontain 4 new sections and new Part V which would deal with dutyof Attorneys-at-law to inform client of obligations etc and wouldcontain two new sections.

In New Part III, proposed section 15A would now require thatevery contract for sale or other disposition of land is to be preparedby an Attorney-at-law, be in writing, include all the terms of thecontract expressly agreed by the parties for sale or other dispositionof land in one document or where contracts are exchanged in eachdocument, to be signed by each party for sale or other disposition ofland or his duly authorized agent. It requires that the contract forsale or other disposition of land should also be executed and signedin the presence of at least one witness not a party to the contract,include a preparation certificate signed by an Attorney-at-law whoprepared the contract for sale or other disposition of land andcontain a record of the date and time of the execution of the contractor a provision setting out the agreed date and time forcommencement of the contract. The provision would also apply toall assignments of a contract for sale or other disposition of landand sub-contracts under the contract for sale or other disposition ofland.

Proposed section 15B would now require every contract of saleto be registered by an Attorney-at-law or his authorized clerkwithin 30 days of the execution of the contract and it must beaccompanied by a completed coversheet and the relevant fee.Subclause (2) would provide that in instances where contracts areexchanged, one (1) document is required to comply with all of therequirements of 15A(1) and should reflect the contents of theexchanged contracts and be registered within thirty days of execu-tion or effective date. Subclause (3) requires all contracts of sale orother disposition of land to be accompanied by a completed cover-sheet and the applicable fee in order to be registered. Subclause (4)goes on to set out the contents of the coversheet. Subclause (5)would empower the Registrar General, within forty-eight hoursof the submission of a contract for sale or other

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disposition of land for registration, to request any otherinformation relative to that submitted on the cover sheet. UnderSubclause (6), if the Registrar General requests information thetime for registration of the contract for sale or other disposition ofland would now be thirty days from the date of the notification bythe Registrar General. The provision would go on in subclause (7)to provide that if the contract for sale or other disposition of land isnot registered within the 30 days as required, any party to thecontract for sale or other disposition of land, the legal personalrepresentative of the party or a duly authorized attorney operatingunder a power of attorney, could apply to the Registrar General inwriting for the late registration of the contract for sale or otherdisposition of land and giving reasons. Subclause (8) would requirethe application to be in a particular form and include thereasons for the delay and be accompanied by the prescribed fee.The provision goes on in subclause (9) to provide that the RegistrarGeneral can refuse to register the contract for sale or otherdisposition of land if a subsisting contract for sale or otherdisposition of land which has been registered has not expired or forwhich a notice of termination has not been recorded by theRegistrar General or where the contract for sale or otherdisposition of land does not meet the requirements of clause 15A(1).Subclause (10) provides for those instances where two contracts forsale of land exists at the same time and one is already registered.It allows the purchaser who is now seeking to register the secondcontract for sale or other disposition of land, to apply to theRegistrar for the establishment of a priority list based solely ondate and time. This application would operate as a caveat on anyfurther dealings with the land until the priority list is establishedby the Registrar General. Subclause (11) requires the RegistrarGeneral where he establishes a priority list to give notice to all theparties so affected. Subclause (12) would empower the RegistrarGeneral where a subsisting contract for sale or other disposition ofland expires, to register any other contract for sale or otherdisposition of land. The provision makes it clear in subclause (13)that this section would not apply to the transfer of land by gift orassent, Mortgages, Releases, Rectifications, Confirmations or anyother voluntary transfer of land without valuable consideration.

Proposed section 15C provides that where there is a variationor termination of a contract for sale or other disposition of land andall the parties to the contract for sale or other disposition of landagree to the variation or termination, all the parties or theirattorneys-at-law would submit a notice or the variation ortermination to the Registrar General within 30 days of thevariation or termination. Subclause (2) would provide for instanceswhere the parties do not agree to terminate but one party still

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wishes to do so. It requires the aggrieved party to submit to theRegistrar General within thirty days of such termination aNotification that the contract has been terminated or rescinded andthis shall be recorded by the Registrar General. Subclause (3)would provide that subclause (2) is not a bar to any remediesavailable to the aggrieved party under any written law. Sub-clause (4) requires the notice to be in a particular form. Under sub-clause (5), the Registrar General is required to inform all theparties to a contract for sale or other disposition of land withinthirty days of receipt of a notice of variation or termination.

In New Part IV, proposed section 15D requires the Attorney-at-law who prepares a registrable document in respect of the sale orother disposition of land to ensure that contents of a registrabledocument for the sale or other disposition of land, that registrabledocuments for sale or other disposition of land relate to a contractfor sale or other disposition of land which had been registeredunder section 15B and is consistent with the terms of the contractfor sale or other disposition of land, including any variation thatwas done under section 15C. This section would not apply to thetransfer of land by gift or assent, Mortgages, Releases,Rectifications, Confirmations or any other voluntary transfer ofland without valuable consideration. The clause goes on to providethat in addition to any penalty that is provided for under section 22,a registrable document made in contravention of this section wouldbe void.

Proposed section 15E would require the Attorney-at-law whoprepares a registrable document or his authorized clerk within 14days of the execution of the contract for sale or other disposition ofland to submit to the Registrar General a notice of execution, whichshall be in a particular form.

Proposed section 15F requires every registrable document to beregistered within 12 months (1 year) of its signing and deliveryeither by the Attorney-at-law or his authorized clerk. Provision ismade for where the Attorney-at-law who submitted or authorizedthe submission of a notice of execution ceases to be the attorney-at-law for the client, the Attorney-at-law would within seven days ofceasing to be the Attorney-at-law inform the Registrar General inwriting of that fact and inform the client of any obligations thatremain outstanding in respect of registration of the registrabledocument. The provision prohibits the Registrar General fromaccepting a registrable document for registration unless theAttorney-at-law is registered with the Financial Intelligence Unitof Trinidad and Tobago, has not been suspended under the LegalProfession Act, Chap. 93:03 and holds a valid practicing certificateunder the Legal Profession Act. The Registrar General may also

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refuse to register a registrable document if the registrabledocument is in respect of the sale of land does not relate to thecontract for sale or other disposition of the land. The provision,however, makes an exception for the contract for sale or otherdisposition of land was executed before the coming into force of thisAct. Subclause (6) provides that where a registrable document wasnot registered, the Attorney-at-law ceases to be the Attorney-at-lawon record for the matter and the former client is informed of theoutstanding obligations, the former client is required to register theregistrable document. Subclause (7) provides that a registrable doc-ument executed on or after the commencement of this Act must beregistered under this Act failing which it is not effectual for thetransfer of the land.

Proposed section 15G provides that if ten months after theexecution of a registrable document an Attorney-at-law believesthat he would not be able to register or cause the registration of theregistrable document he is required within twelve months of theexecution, apply to the Registrar General for an extension of timeto register the registrable document. The Registrar General isrequired within 14 days of the receipt of the application forthe extension acknowledge receipt and grant the extension.The Registrar General can grant an extension for 90 days or for alonger period as he thinks fit. Where a person wishes to get afurther extension, he is required to apply to the High Court at leastone month before the expiration of the extension. The documentmay now be registered within the extended period but not after ithas expired.

In new Part V, proposed section 15H sets out the duty of theAttorney-at-law retained in relation to a sale or other disposition ofland to inform his client in writing of the obligations, timelines, feesand offences which apply to the transfer of the land and theAttorney must ensure that the client acknowledges the informationin writing.

Proposed section 15I would set out transitional provisionsfor where registrable documents were executed before thecommencement of this Act but not registered. It allows the personwho has custody of the registrable document to register thedocument within twelve (12) months of the commencement of theAct. The section in proposed subsection (2) would provide that thepurchaser is liable for the registration of the registrable documentif, however, he is out of time he can apply to the Registrar Generalfor an extension of the time to register the registrable document.The Registrar General on receipt of an application for an extensionis required to acknowledge the receipt and grant the extension.Where a person wishes to get a further extension he is required to

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apply to the High Court at least one month before the expiration ofthe extension. The document may now be registered within theextended period but not after it has expired.

Paragraph (j) would introduce a new heading for PART VIbefore the words “Priority of Deeds and Protection of Purchasersand Mortgagees”.

Paragraph (k) would amend section 16 to insert a newsubsection (2) which would make it abundantly clear that anexecuted Deed under this section passes no title until it isregistered under the Act.

Paragraph (l) would repeal section 18.Paragraph (m) would introduce a new heading for PART VII

before the words “Production of Deeds in Evidence”.Paragraph (n) would introduce a new PARTS VIII and IX.

Part VIII would now provide for offences and would contain 5sections. New proposed section 22 would provide that it isan offence for an Attorney-at-law to fail to comply with therequirements of sections 15E, 15F(1) or 15H(1). The penalty ifconvicted is a fine of $10,000.00 and if the penalty remains unpaidin respect of a registrable document which is valued at $800,000.00or less to a further penalty of $5,000.00. Where the value is$800,000.01 or more but less than $1,000,000.00, to a further fineof the unpaid penalty and a penalty equal to the amount of theunpaid penalty. Where the value is $1,000,000.01 or more but lessthan $3,000,000.00, to a further fine of the unpaid penaltytogether with a penalty of $10,000.00 and a further penalty of$1,000.00 for every $10,000.00 or part of $10,000.00 of the unpaidpenalty exceeding $10,000.00. Where the value is $3,000,000.01 ormore, to a further fine of the unpaid penalty together with apenalty of $10,000.00 and a further penalty of $1,000.00 for every$10,000.00 or part of $10,000.00 of the unpaid penalty exceeding$10,000.00. Where if the penalty remains unpaid in respect of aregistrable document on payment, after six months and within oneyear after its execution, of the penalty and double the respectivepenalties in paragraph (a) or on payment, after one year, of theunpaid penalty and the respective penalties mentioned inparagraph (a)(ii) in respect of each period or part of a period of sixmonths elapsing after the first execution of the said instrument.

Proposed section 23 would provide that it is an offence for aperson to fail to comply with the requirements of sections 15C(1) or(2) or 15I(1) or (2). The penalty if convicted is a fine of $5,000.00 andif the penalty remains unpaid in respect of a registrable documentwhich is valued at $800,000.00 or less to a further penaltyof $2,500.00. Where the value is $800,000.01 or more but less

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than $1,000,000.00, to a further fine of the unpaid penalty and apenalty equal to the amount of the unpaid penalty. Where the valueis $1,000,000.01 or more but less than $3,000,000.00, to a furtherfine of the unpaid penalty together with a penalty of $10,000.00 anda further penalty of $1,000.00 for every $10,000.00 or part of$10,000.00 of the unpaid penalty exceeding $10,000.00. Where thevalue is $3,000,000.01 or more, to a further fine of the unpaidpenalty together with a penalty of $10,000.00 and a furtherpenalty of $1,000.00 for every $10,000.00 or part of $10,000.00 ofthe unpaid penalty exceeding $10,000.00. Where if the penaltyremains unpaid in respect of a registrable document on payment,after six months and within one year after its execution, of thepenalty and double the respective penalties in paragraph (a) or onpayment, after one year, of the unpaid penalty and the respectivepenalties mentioned in paragraph (a)(ii) in respect of each period orpart of a period of six months elapsing after the first execution ofthe said instrument.

Proposed section 24 would make it an offence for a person whoin purporting to comply with this Act knowingly provides falseinformation to the Registrar General. The penalty for the offence onsummary conviction is a fine of $10,000.00 and imprisonment for6 months.

Proposed section 25 would provide a defence for offences underthe Act if the accused proves that he did not knowingly authorize,permit or acquiesce in the commission of the offence.

Proposed section 26 would extend the time frame forcommencing summary proceedings for an offence under this Act toseven years from the commission of the offence or within 18 monthsafter evidence sufficient to justify the Registrar General for theinstitution of summary proceedings come to his knowledge.

New Part IX would provide for Miscellaneous Provisions.Proposed section 27 would provide that any instrument of trustmade on or after the commencement of this Act which is notregistered under this Act, is void. Provision is made to requiretrusts that are in existence prior to the commencement of this Actto be registered within twelve months of its commencement.

Where the trust in existence prior to the commencement of thisAct is not registered as required, the Registrar may refuse toregister any dealings with respect to the land subject of the Trust.A person aggrieved by the decision may approach the court for anextension of the time. The proposed new section in subsection (5)would define “instrument of trust” for the purposes of the section.

Paragraph (o) would introduce a new section 28 which wouldprovide for appeals from decision of the Registrar to refuse to

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register a contract for the sale or other disposition of land undersection 15B(9), to refuse to accept a registrable document forregistration under section 15F(4).

Paragraph (p) would introduce a new section 29 which wouldempower the Minister to amend the Schedule which contains theforms by Order.

Clause 5 of the Bill would seek to make amendments to theConveyancing and Law of Property Act, Chap. 56:01. Paragraph (1)would insert a new section 3A into the Act to require that all Deedsfor the conveyance of an interest in land must be preceded by acontract for the sale or other disposition of that interest. Thishowever does not apply to a Deed of gift, an assent or the grant ofa lease for a term of less than three years as these are notpreceded by a contract or where the Deed of conveyance was madeprior to the commencement of this Act. Paragraph (b) would repealsection 4 and substitute a new section 4 provides that no action canbe brought upon any contract for the sale or other disposition ofland or any interest in land unless the agreement or memorandumis in writing. Provision is made that this Act would not affect thelaw relating to the part performance before the coming into force ofthis Act. The provision makes it clear that after the coming intoforce of this Act, all contracts for the sale of land is required to bein writing and registered in accordance with the Registration ofDeeds Act, however this does not affect to the law relating to thesale or disposition of land or an interest in land by an order of aCourt. Paragraph (c) would amend section 10 to repeal and replacesubsection (1) to provide that any conveyance of land or of anyinterest in land is void for the purpose of conveyancing are creatinga legal interest unless it is made by Deed and on or after thecommencement of this Act they are registered.

Clause 6 of the Bill would amend the Real Property Act,Chap. 56:02. In paragraph (a), the clause would insert a newdefinition for “interest in land” as the term is now to be used in theAct.

Paragraph (b) would insert after section 61, a new section 61Ato require that all Deeds for the conveyance of an interest in landmust be preceded by a contract for the sale or other disposition ofthat interest and the contract should be in accordance with theRegistration of Deeds Act.

In paragraph (c), the clause would amend section 62 to insertnew subsections (2), (3) and (4). New subsection (2) would prohibitthe Registrar General from accepting a memorandum of transferfor registration unless it meets the requirements of section 5, 5Ato 5D and Parts IV and V of the Registration of Deeds Act.

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The provision would require the memorandum of transferpresented for registration is to be accompanied by a cover sheet andplace the relevant information in the relevant index.

Paragraph (d) would amend section 130 to delete the referenceto “Act or Ordinance” and replace with “written law”.

Paragraph (e) would insert a number of new sections aftersection 157. Proposed section 157A makes it an offence for a personto knowingly provide false information to the Registrar General.The penalty for this is a fine of $10,000.00 and imprisonment for6 months. Proposed section 157B would create a defense inproceedings for an offence under the Act if the accused proves thathe did not knowingly authorize, permit or acquiesce in thecommission of the offence. Proposed section 157C would extend thetime frame for commencing summary proceedings for an offenceunder this Act to seven years from the commission of the offence orwithin 18 months after evidence sufficient to justify the RegistrarGeneral for the institution of summary proceedings come to hisknowledge.

Clause 7 of the Bill would amend the Stamp Duty Act.,Chap. 76:01 in section 16 to increase the penalty for a personattempts with intent to defraud the State by executing aninstrument in which all the said facts and circumstances are notfully set forth or being employed or concerned in or about thepreparation of an instrument, neglects or omits fully and truly toset forth all the said facts and circumstances from $400.00 to$12,000.00 and imprisonment for 12 months. The clause would alsoamend section 82 to increase the penalty for a person who practicesor is concerned in any fraudulent act contrivance or device, notspecially provided for by law with intent to defraud the State of anystamp duty from $15,000.00 to $30,000.00.

Clause 8 of the Bill would amend the Registration of Title toLands Act, 2000. Paragraph (a) of the clause would amend section26(2) of the Registration of Title to Lands Act, 2000 to refer totrusts being registered in accordance with the Registration ofDeeds Act. Paragraph (b) would amend section 35(b) to correct atypographical error. Paragraph (c) would amend section 55 todelete subsection (2) and substitute a new subsection whichrequires a Deed of trust to be registered in accordance with theRegistration of Deeds Act. Paragraph (c) would amend section 79to remove the reference to a trust.

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BILLAN ACT to amend the Registrar General Act,

Chap. 19:03, the Registration of Deeds Act,Chap. 19:06, the Conveyancing and Law of PropertyAct, Chap. 56:01, the Real Property Act,Chap. 56:02, the Stamp Duty Act, Chap. 76:01 andthe Registration of Title to Land Act, 2000

[ , 2020]

ENACTED by the Parliament of Trinidad and Tobago asfollows:

Enactment

1. This Act may be cited as the MiscellaneousProvisions (Registrar General, Registration of Deeds,Conveyancing and Law of Property, Real Property,Stamp Duty and Registration of Title to Land) Act,2020.

2. This Act shall come into operation on such date asis fixed by the President by Proclamation.

3. The Registrar General Act is amended–—(a) in section 4—

(i) in subsection (1)—(A) by deleting the word “four”

and substituting the word“seven”;

(B) in paragraph (c), by deletingthe words “; and” andsubstituting the words “;”;

(C) in paragraph (d), by deletingthe word “.” and substitutingthe words “;”; and

(D) by inserting afterparagraph (d), the followingnew paragraphs:

“(e) contracts for thesale of land;

(f) beneficial owners;and

(g) registrable documentsexecuted but notregistered.”;

(ii) by inserting after subsection (1),the following new subsections:

“ (1A) The Registrar Generalshall, in addition to the indexesunder subsection (1), keep a

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Short title

Commencement

Chap. 19:03amended

separate index for allinstruments of trustsregistered under theRegistration of Deeds Actwhich shall not be open to thepublic and which may only beaccessed by—

(a) the Director of theF i n a n c i a lIntelligence Unit ofTrinidad and Tobago(hereinafter referredto as the “FIU”)solely for the purposeof enabling the FIUto do its analysisunder the FinancialIntelligence Unit ofTrinidad and TobagoAct;

(b) a member of thepolice service ofthe rank ofSuperintendent orabove attached tothe Division orUnit of the policeservice responsiblefor financial investi-gation or fraud,solely for thepurpose of—

(i) inves t i -g a t i n gwhetheran offencehas beencommitted

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Chap. 75:01

u n d e rany writtenlaw;

(ii) the lay-ing ofinforma-tion; or

(iii) the prefer-ring of ani n d i c t -ment,

where such informa-tion can reasonablybe regarded asbeing necessary forthe purpose ofascertaining thecircumstances inwhich an offenceunder any writtenlaw may have beencommitted, or theidentity of theperson who mayhave committed anoffence;

(c) the Chairman of theBoard of InlandRevenue; and

(d) order of a court.”;(iii) in subsection (2)—

(A) in paragraph (e), bydeleting the word “.” andsubstituting the word “;”;and

(B) by inserting after para-graph (e) the followingnew paragraph:

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“ (f) every contract forsale of land to beentered in theindex of contractsfor sale of landunder the letterof the alphabetcorrespondingwith the initialletter of thesurname of eachperson named as aparty to suchcontract, with thegiven names andthe surnames atfull length of allpersons namedas parties to thecontract for sale ofland;

(g) every beneficialowner to beentered in theindex of beneficiariesunder the letterof the alphabetcorrespondingwith the initialletter of thesurname of eachperson named,with the givennames andsurnames at fulllength of thebeneficiaries;

(h) every registrabledocument executed

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but not registeredto be entered inthe index of regis-trable documentexecuted but notregistered underthe letter of thealphabet corre-sponding with theinitial letter of thesurname of eachperson named asa party to suchregistrable documentexecuted but notregistered, withthe given namesand the surnamesat full length of allpersons named asparties to theregistrable documentexecuted but notregistered; and

(i) every instrumentof trust registeredwith him to beentered in theindex of Trustsunder the letterof the alphabetcorrespondingwith the initial let-ter of the surnameof the trustees,together with thegiven names andsurname at fulllength of every

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such person.”;(iv) by inserting after subsection (5)

the following new subsection:

“ (6) For the purposes ofthis section—

““beneficial owner”has the meaningassigned to itby section 337Aof the CompaniesAct; and

“trust” means alegal relation-ship createdinter vivos by aperson, the sett-lor, whereinland has beenplaced under thecontrol of atrustee for thebenefit of abeneficiary orfor a specifiedpurpose and—

(a) the landis not apart ofthe bene-f i c i a lestate ofthe trustee;

(b) the legaltitle tothe landstands inthe nameof the

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t r u s t e eor in thename ofanotherp e r s o non behalfof thetrustee;and

(c) t h et r u s t e ehas thep o w e rand theduty, inr e s p e c tof whichhe isaccount-able, tomanage,e m p l o yor dis-pose ofthe landin accor-d a n c ewith theterms ofthe trustand thes p e c i a ld u t i e simposedon himby law,

and includesany transfer ofproperty previouslysubject to atrust.”;

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(b) in sections 5 and 6, by deleting the word“All” wherever it occurs and substitutingthe words “Subject to section 4(1A), all”;

(c) in section 7, by—(i) renumbering section 7 as section

7(1); and(ii) inserting after subsection (1),

as renumbered, the followingsubsection:

“(2) The Minister may, byOrder subject to negativeresolution of Parliament,amend the Schedule.”; and

(d) in Part A of the Schedule, by inserting afterparagraph (j), the following paragraphs:

“ (k) for the registration $100.00;of a contract for thesale of land

(l) for late registration $2,000.00;of a contract for thesale of land

(m) for late registration $2,000.00;of a registrabledocument for the saleof land

(n) for variation or $100.00;termination of acontract for the saleof land

(o) for notice of execution $100.00;of a registrabledocument for the saleof land

(p) for applications $100.00.”.

9

4. The Registration of Deeds Act is amended—(a) by inserting before section 1, the following

heading:

“PART I

PRELIMINARY”(b) in section 2—

(i) by inserting in the appropriatealphabetical sequence, thefollowing definitions:

“authorized clerk” means aperson who is authorizedin writing by anAttorney-at-law, inrespect of a specifictransaction in theform set out as FormC in the Schedule;

“interest in land” meansthe lawful right asowner of land to holdthe legal or equitabletitle to the land; and

“Minister” means theMinister with respon-sibility for legalaffairs;”;

(ii) in the definition of “qualifiedfunctionary”, by deleting thewords “, a conveyancer”; and

(iii) by inserting after subsection (2),the following new subsection:

“ (2A) For the purposes ofParts IV and V—

“registrable document”means a written

10

Chap. 19:06amended

instrument to create,transfer or conveyany interest inland and includesevery—

(a) conveyanceof landrequiredto be byDeed andr e g i s -t e r e du n d e rsection 10of theConvey-a n c i n gand Lawof PropertyAct;

(b) instrumentto be reg-i s t e r e du n d e rthe RealPropertyAct;

(c) Deed ofassent;

(d) Deed ofgift orsettlement;or

(e) instrumentof trust.”;

11

Chap. 56:01

Chap. 56:02

(c) by inserting before the heading “EXECUTIONAND REGISTRATION OF DEEDS”, thewords, “PART II”;

(d) by renumbering section 3 as section 3(1)and inserting after section 3(1), asrenumbered, the following new subsection:

“(2) Every registrabledocument executed inTrinidad and Tobago orelsewhere shall in additionto all other requirements ofthis Act, be registeredunder this Act in order to bevalid and effectual both inlaw and equity for allpurposes, including thecreation, transfer orconveyance of land.”;

(e) in section 5A, by deleting the word“Ordinance” and substituting the word“Act”;

(f) by inserting after section 5A, the followingsections:

5B. (1) Every Deed required orintended to be registered shall beexecuted and attested as follows:

(a) a Deed that is executed inTrinidad and Tobago shallbe executed in thepresence of at least onewitness not being a partythereto and of a qualifiedfunctionary, and thesigning and deliverythereof shall be attestedby one such witness at

12

“Mode ofexecution

least subscribing hisname with the additionof his place of abodeor business and hisprofession, occupation, orcondition in life and bythe qualified functionarysubscribing his name withthe addition of hisqualification;

(b) a Deed that is executedout of Trinidad andTobago shall be executedin the presence of at leastone witness not being aparty thereto and aperson referred to insection 10(1)(b), and thesigning and deliverythereof shall be attestedby one such witness atleast subscribing hisname with the addition ofhis place of abode orbusiness and hisprofession, occupation orcondition in life and bythe person referredto in section 10(1)(b),subscribing his name withthe addition of his qualifi-cation; and

(c) a Deed that is executed bya company or corporationshall be executed andattested in a mannerprescribed by written lawor the common law.

13

(2) A qualified functionaryshall not subscribe a Deed underthis section unless it bears thesignature of some Attorney-at-lawas having prepared the Deed.

5C. In all cases in which anyDeed referred to in section 5B isexecuted outside of Trinidad andTobago, the affidavit or solemndeclaration of the witness provingsuch execution shall be made andthe making of the same may becertified in the like manneras that prescribed for Deedsexecuted out of Trinidad andTobago by section 10.

5D. (1) The signing in relation to aDeed includes signing by use offoreign characters or by themaking of a mark.

(2) The Registrar Generalmay refuse to register any Deedexecuted by a person signing hisname in foreign characters, or bymaking his mark, unless the samebears upon it a certificate by aqualified functionary or a dulylicensed interpreter, that he hasexplained or caused to beexplained the true purport of suchDeed to such person so signing asaforesaid, and that he is satisfiedthat the person understands thesame.”;

14

Execution ofinstrument bymarksman

Attestation ofDeeds out ofTrinidad andTobago

(g) by repealing sections 7 and 8 andsubstituting the following section:

7. A Deed that is executed andattested in accordance withsection 5B and 5C may beregistered under this Act.”;

(h) in section 13A—(i) by renumbering section 13A as

section 13A(1); and(ii) in section 13A(1), as renum-

bered, by—(A) by inserting after the

words “Attorney-at-law”, the words “or theprevious client referredto in section 15F(6)”;

(B) deleting paragraph (g)and substituting thefollowing paragraphs:

“ (g) informationon the autho-rised clerk;and

(h) such otherparticulars asthe Ministermay, by Order,prescribe.”;

(iii) inserting after section 13A(1), asrenumbered, the following newsubsection:

“(2) The Registrar Generalshall cause the informationcontained in the cover sheetreferred to in subsection (1), to beplaced in the relevant index, butthe cover sheet shall not be opento the public.”;

15

“Registrationof Deedexecuted inaccordancewithsection 5Band 5C

(i) by inserting after section 15, the followingParts:

“PART III

CONTRACT FOR THE SALE OROTHER DISPOSITION OF LAND

15A. (1) Notwithstanding anyother law, every contract for sale orother disposition of land shall––

(a) be prepared by anAttorney-at-law;

(b) be in writing;(c) include all the terms of

the contract expresslyagreed upon by theparties for sale orother disposition ofland in one documentor where contracts areexchanged, in eachdocument;

(d) be signed by eachparty to the contractfor sale or other dispo-sition of land or hisduly authorized agent;

(e) executed and signed inthe presence of at leastone witness not beinga party thereto;

(f) include a preparationcertificate signed bythe Attorney-at-lawwho prepared thecontract for sale orother dispositionof land; and

16

Form andcontent ofcontract forsale or otherdisposition ofland to beregistered

(g) contain a—(i) record of the date

and time of theexecution of thecontract for saleor other dispositionof land; or

(ii) a provisionsetting out theagreed dateand time forc o m m e n c e -ment.

(2) Subsection (1) shallalso apply to an assignment ofa contract for sale or otherdisposition of land and sub-contracts under a contract for saleor other disposition of land.

15B. (1) Subject to subsection (4),every contract for the sale or otherdisposition of land shall beregistered by the Attorney-at-lawwho prepared it or his authorizedclerk, within thirty days ofexecution of the contract for saleor other disposition of land.

(2) Where contracts for thesale or other disposition of landare exchanged, one documentcomplying with all the require-ments of 15A(1) and reflecting thecontents of the exchangedcontracts, shall be registeredwithin thirty days of execution oras applicable, within thirty daysfrom the effective date of thecontract.

17

Registrationof contractfor the saleor otherdispositionof land

(3) A contract for the saleor other disposition of land shallnot be registered unless it isaccompanied by—

(a) a duly completed coversheet as set out in sub-section (4); and

(b) the relevant fee speci-fied in the Schedule tothe Registrar GeneralAct.

(4) The cover sheetrequired under subsection (3)shall be in the form set out asForm C in the Schedule andcontain the following information:

(a) the name of theAttorney and hisa d m i s s i o nnumber;

(b) names of parties to theDeed;

(c) date of execution oreffective date;

(d) number of pages;(e) reference to the previ-

ous vendor’s title Deedor instrument;

(g) information on theauthorized clerk; and

(f) such other particularsas the Minister may byOrder prescribe.

(5) The Registrar Generalmay, within forty-eight hours of a

18

submission of a contract of thesale or other disposition of land forregistration under subsection (1),request any other informationrelative to that provided on thecover sheet.

(6) Where the RegistrarGeneral requests informationunder subsection (5), the time forregistration of the contract forsale or other disposition of landshall now be thirty days from thedate of the notification by theRegistrar General.

(7) Where a contract forthe sale or other disposition ofland is not registered withinthe period specified under sub-section (1) or any further period asprovided for under subsection (6),any party to the contract for saleor other disposition of land or thelegal personal representative ofthe party or a duly authorizedattorney operating under aregistered Power of Attorney, mayapply to the Registrar Generalfor the late registration of thecontract for sale or otherdisposition of land.

(8) An application undersubsection (7), shall be in the formset out as Form D in the Schedule,include reasons for the delay andbe accompanied by the fee

19

specified in the Schedule to theRegistrar General Act.

(9) The Registrar Generalshall refuse to register a contractfor sale or other disposition of landif there is a subsisting contractaffecting the land—

(a) which has been registeredunder this section andwhich has not expired;or

(b) for which a noticeof termination undersection 15C has notbeen recorded by theRegistrar General; or

(c) where the contract forsale or other dispositionof land does not meetthe requirements ofsection 15A(1).

(10) Where a party seeks toregister a contract for the sale orother disposition of land withinthirty days of its execution oreffective date, and there exists asubsisting contract for the sale ofother disposition of that landwhich has been registered, thepurchaser seeking registrationmay apply to the RegistrarGeneral for the establishment of apriority list for registration basedsolely on the date and time, beingeither the date and time ofexecution or the effective date asapplicable, of the contract for sale

20

or other disposition of land andsuch application shall operate as acaveat on any further dealingswith the land until such time asthe priority list is established bythe Registrar General.

(11) Where the RegistrarGeneral establishes a priority listunder subsection (10), he shallgive Notice of the priority list toall the parties so affected.

(12) Where a subsistingcontract referred to in sub-section (9) expires, the RegistrarGeneral may proceed to registerthe contract for the sale or otherdisposition of land in accordancewith this Act.

(13) This section does notapply to—

(a) the transfer of lands bygift or assent or by thegrant of a lease for a termof less than three years;

(b) Mortgages;(c) Releases;(d) Rectifications;(e) Confirmations; or(f) any other voluntary

transfer of land withoutvaluable consideration.

15C. (1) Where a registeredcontract for the sale or otherdisposition of land is varied,

21

Notice ofvariation orterminationof contract forsale or otherdisposition ofland

including date of completion, orterminated and all the parties tothe contract for sale or otherdisposition of land agree to thevariation or termination, eitherparty or their Attorneys-at-lawshall submit to the RegistrarGeneral a notice of the variationor termination within thirty daysof the variation or termination.

(2) If the parties to thesale or other disposition of landdo not agree to the mutualtermination of the registeredcontract for the sale or otherdisposition of land, the aggrievedparty or his Attorney-at-lawterminating the contract propriomotu or wishing to record atermination or rescission, shallsubmit to the Registrar Generalwithin thirty days of thetermination, in the form set out asForm E in the Schedule aNotification that the contract forthe sale or other disposition ofland has been terminated orrescinded which shall be recordedby the Registrar General.

(3) Subsection (2) shall notoperate to preclude or prevent anaggrieved party from seeking anyremedy available under anywritten law, whether written orotherwise, the contract for sale ofother disposition of land or equity.

22

(4) A notice under sub-section (1) or (2) shall be in theform set out as Form E in theSchedule and would include, inrespect of the contract for sale orother disposition of land—

(a) the names of theparties;

(b) the date of registra-tion;

(c) the registration numberissued by theRegistrar General;

(d) the particulars of thevariation; and

(e) the provision of thecontract under whichit was terminated.

(5) Within fourteen days ofthe receipt of a notice under sub-section (1) or (2), the RegistrarGeneral shall, in writing andelectronically, inform all otherparties to the contract for sale orother disposition of land of thereceipt of that notice.

PART IVEXECUTION AND REGISTRATION OF

REGISTRABLE DOCUMENTS

15D. (1) The Attorney-at-lawwho prepares a registrabledocument in respect of the saleor other disposition of land shallensure that contents of aregistrable document for the saleor other disposition of land—

(a) relate to a contract for

23

Form andcontent ofregistrabledocuments

sale or other disposi-tion of land whichis registered inaccordance withsection 15B; and

(b) be consistent with theterms of the contractfor sale or otherdisposition of land,including any varia-tion submitted undersection 15C.

(2) Subsection (1) does notapply to—

(a) the transfer of landsby gift or assent or bythe grant of a lease fora term of less thanthree years;

(b) Mortgages;(c) Releases;(d) Rectifications;(e) Confirmations; or(f) any other voluntary

transfer of land with-out valuable consider-ation.

(3) In addition to anypenalty under section 22, aregistrable document made incontravention of this section shallbe void.

15E. An Attorney-at-law whoprepares a registrable documentor his authorized clerk shall,within fourteen days of theexecution of the registrable

24

Notice ofexecution ofregistrabledocument

document, submit to the RegistrarGeneral a notice of the executionwhich shall be in the form set outas Form F in the Schedule.

15F. (1) Subject to section 15G,every registrable document shallbe registered with the RegistrarGeneral within twelve months ofits signing and delivery.

(2) Subject to subsections (4)and (5), an Attorney-at-law or hisauthorized clerk shall register aregistrable document.

(3) An Attorney-at-lawwho submits, or authorizes, thesubmission of a notice undersection 15G(1) and who ceases tobe the Attorney-at-law retainedin respect of the registrabledocument, shall, within sevendays of ceasing to be the Attorney-at-law on record, inform—

(a) the Registrar Generalin the form set out asForm G in the Scheduleof that fact; and

(b) his former client of anyobligations that remainoutstanding with respectto the registration of theregistrable document inthe form set out asForm H in the Schedule.

(4) The Registrar Generalshall not accept a registrabledocument for registration unless—

(a) the Attorney-at-law referred

25

Registrationofregistrabledocument

to in subsection (2)—(i) is registered with

the FinancialIntelligence Unitestablished underthe FinancialIntelligence Unitof Trinidad andTobago Act;

(ii) is not suspendedfrom practiceunder section 25of the LegalProfession Act;and

(iii) holds, or isdeemed to hold,a valid practisingcertificate undersection 23 or 26of the LegalProfession Act,as the case maybe; and

(b) where, the registrabledocument is in respect ofthe sale of land, thecontract for the sale orother disposition of landto which the registrabledocument relates, isregistered in accordancewith section 15B.

(5) Notwithstanding sub-section (4), the Registrar Generalmay accept a registrabledocument for sale of land forregistration if the contract for saleor other disposition of land towhich the registrable document

26

Chap. 72:01

Chap. 90:03

for sale of land relates, havingbeen executed prior to thecommencement of the MiscellaneousProvisions (Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Real Property, StampDuty and Registration of Titleto Land) Act, 2020, was notregistered.

(6) Notwithstanding sub-section (2), a former client whois informed of outstandingobligations under subsection (3)(b)shall be liable for the registrationof the registrable document inaccordance with this Act.

(7) A registrable documentexecuted on or after thecommencement of the MiscellaneousProvisions (Registrar General,Registration of Deeds, Conveyancingand Law of Property, RealProperty, Stamp Duty andRegistration of Title to Land) Act,2020 shall not be effectual for thecreation, transfer or conveyanceof lands, unless registered inaccordance with this Act and inrespect of lands under the RealProperty Act, section 38 of theReal Property Act shall continueto apply.

15G. (1) Where, ten monthsafter the execution of a registrabledocument, an Attorney-at-lawbelieves that he would not be ableto—

(a) register a registrabledocument; or

27

Applicationfor extensionof time

(b) cause a registrable documentto be registered,

within the twelve months of itsexecution, he may apply to theRegistrar General for anextension of time to register theregistrable document.

(2) An application undersubsection (1) shall—

(a) be in the form set out asForm I of the Schedule;

(b) be made before theexpiration of elevenmonths from the dateof execution of theregistrable document;

(c) include reasons for thefailure to register theregistrable document andsuch other information asthe Registrar Generalmay require; and

(d) be accompanied by the feespecified in the Scheduleto the Registrar GeneralAct.

(3) Within fourteen days ofreceipt of an application undersubsection (1), the RegistrarGeneral shall, in writing,acknowledge receipt of theapplication and grant theextension in the form set out asForm J in the Schedule.

28

Chap. 19:03

(4) An extension grantedby the Registrar General undersubsection (3) shall be for a periodof ninety days.

(5) A person seeking afurther extension of the periodunder subsection (4) may, apply tothe High Court at least one monthbefore the expiration of anextension.

(6) Where an extension isgranted under subsection (3), theregistrable document may beregistered within the period ofextension but shall not beaccepted for registration after theexpiration of the extension.

(7) A late registration feespecified in the Schedule to theRegistrar General Act shall bepaid to the Registrar General inrespect of a registrable documentthat is registered after theexpiration of twelve months fromthe date of its execution but beforethe expiration of the period of theextension granted.

PART VDUTY OF ATTORNEY-AT-LAW TO INFORM

CLIENT OF OBLIGATIONS, ETC.

15H. An Attorney-at-law who isretained in relation to a sale orother disposition of land shallinform his client, in writing, of theobligations, timelines, fees andoffences which apply to thetransfer of land under this Act.

29

Duty ofAttorney-at-law to informhis client ofobligationsetc.

15I. (1) Where a registrabledocument is executed prior to thecommencement of the MiscellaneousProvisions (Registrar General,Registration of Deeds, Conveyancingand Law of Property, RealProperty, Stamp Duty andRegistration of Title to Land Act),2020, and is not registered on, orbefore the commencement of thatAct, the person with custody of theregistrable document shall,notwithstanding section 15F(2),register it within twelve months ofcommencement of that Act.

(2) Notwithstanding section 15F,the purchaser shall be liable forthe registration of a registrabledocument in accordance with sub-section (1).

(3) Where, as a result ofcircumstances beyond his control,a purchaser fails to register aregistrable document within theperiod specified in subsection (1),he may apply to the RegistrarGeneral for an extension of time toregister the registrable document.

(4) An application undersubsection (3) shall be in the formset out as Form L in the Scheduleand be accompanied by the feespecified in the Schedule to theRegistrar General Act.

30

Transitionalprovisions

(5) Within fourteen daysof receipt of an applicationunder subsection (3), theRegistrar General shall, inwriting, acknowledge receipt ofthe application and grant theextension.

(6) An extension grantedby the Registrar General undersubsection (5) shall be for aperiod of ninety days or suchlonger period as the RegistrarGeneral may think fit.

(7) A person seeking afurther extension of the periodunder subsection (5) may, apply tothe High Court at least onemonth before the expiration of anextension.

(8) Where an extension isgranted under subsection (5), theregistrable document shall beregistered before the expiration ofthe extension.

(9) The late registrationfee specified in the Schedule to theRegistrar General Act shall bepaid to the Registrar General inrespect of a registrable documentthat is registered pursuant tosubsection (8).”;

(j) by inserting before the heading “PRIORITYOF DEEDS AND PROTECTION OFPURCHASERS AND MORTGAGEES”, thefollowing heading:

“PART VI”;

31

(k) in section 16, by inserting after sub-section (2), the following new subsection:

“ (3) For the avoidance of doubt,every Deed under this section whichis executed passes no title until it isregistered in accordance with thisAct.”;

(l) by repealing section 18;(m) by inserting before the heading

“PRODUCTION OF DEEDS IN EVIDENCE”,the following heading:

“PART VII”; and(n) by inserting after section 21, the following

Parts:“PART VIII

FINES AND OFFENCES

22. An Attorney-at-law whofails to comply with section 15E,15F(2) or 15H(1) is liable to apenalty of ten thousand dollarsand if the penalty remains unpaidin respect of a registrable document—

(a) which is valued at—(i) eight hundred

thousand dollarsor less, to afurther penalty offive thousanddollars;

(ii) eight hundredthousand and onecent or more butless than onemillion dollars, to

32

Failure tocomply withsection 15E,15F or 15H(1)

a further fine ofthe unpaid penaltyand a penalty equalto the amount ofthe unpaid penalty;

(iii) one million dollarsand one cent ormore but lessthan three milliondollars, to a furtherfine of the unpaidpenalty togetherwith a penalty often thousand dol-lars and a furtherpenalty of onethousand dollarsfor every tenthousand dollarsor part of tenthousand dollarsof the unpaidpenalty exceedingten thousanddollars; or

(iv) three million dollarsand one cent ormore, to a furtherfine of the unpaidpenalty togetherwith a penalty often thousand dollarsand a furtherpenalty of onethousand dollarsfor every tenthousand dollars

33

or part of tenthousand dollarsof the unpaidpenalty exceedingten thousand dollars;

(b) on payment, after sixmonths and within oneyear after its execution,of the penalty anddouble the respectivepenalties in paragraph (a);and

(c) on payment, after oneyear, of the unpaid penaltyand the respectivepenalties mentioned inparagraph (a)(ii) inrespect of each period orpart of a period of sixmonths elapsing afterthe first execution of thesaid instrument.

23. A person who fails tocomply with section 15C(1) or (2)or 15I(1) or (2), is liable to a penaltyof five thousand dollars and if thepenalty remains unpaid in respectof a registrable document—

(a) which is valued at—(i) eight hundred

thousand dollarsor less, to afurther penalty oftwo thousand andfive hundreddollars;

34

Failure tocomply withsection15C(1) or15I(1)

(ii) eight hundredthousand and onecent or more butless than onemillion dollars, toa further fineof the unpaidpenalty and apenalty equal tothe amount of theunpaid penalty;

(iii) one million dollarsand one cent ormore but lessthan three milliondollars of theunpaid penaltytogether with apenalty of tenthousand dollarsand a furtherpenalty of onethousand dollarsfor every tenthousand dollarsor part of tenthousand dollarsof the unpaidpenalty exceedingten thousanddollars; or

(iv) three million dollarsand one cent ormore of theunpaid penaltytogether with apenalty of tenthousand dollars

35

and a furtherpenalty of onethousand dollarsfor every tenthousand dollarsor part of tenthousand dollarsof the unpaidpenalty exceedingten thousanddollars;

(b) on payment, after sixmonths and within oneyear after its execution,of the penalty anddouble the respectivepenalties aforesaid; and

(c) on payment, after oneyear, of the unpaidpenalty and the respectivepenalties mentioned inparagraph (b) in respectof each period or part ofa period of six monthselapsing after the firstexecution of the saidinstrument.

24. A person purporting tocomply with this Act who knowinglyprovides false information to theRegistrar General commits anoffence and is liable upon summa-ry conviction to a fine of ten thou-sand dollars and to imprisonmentfor six months.

36

Providingfalseinformationto theRegistrarGeneral

25. It is a defence in proceedingsfor an offence under this Act if theaccused proves that he did notknowingly authorize, permit oracquiesce in the commission of theoffence.

26. (1) Notwithstanding anywritten law prescribing a timewithin which proceedings may bebrought before a court of summaryjurisdiction, proceedings for anoffence under this Act may beinstituted at any time withineighteen months after the relevantdate.

(2) In this section, the“relevant date” means the date onwhich evidence, sufficient in theopinion of the Registrar Generalto justify the institution ofsummary proceedings, comes tohis knowledge.

(3) For the purpose ofsubsection (2), a certificate as tothe date on which the evidencereferred to in subsection (2) comesto the knowledge of the RegistrarGeneral shall be conclusiveevidence of that fact.

PART IXMISCELLANEOUS PROVISIONS

27. (1) An instrument of trustthat is made on or after thecommencement of the MiscellaneousProvisions (Registrar General,

37

Instrumentsof Trusts

Limitation re:summaryoffences

Defence

Registration of Deeds,Conveyancing and Law ofProperty, Real Property andStamp Duty and Registration ofTitle to Land) Act, 2020, is void,unless made by Deed andregistered in accordance with thisAct.

(2) Within twelve monthsof the commencement ofthe Miscellaneous Provisions(Registrar General, Registrationof Deeds, Conveyancing and Lawof Property, Real Property, StampDuty and Registration of Title toLand) Act, 2020, every trustee of atrust in existence prior to thecommencement of that Act shallsubmit to the Registrar Generalthe particulars of the trust in theform set out as Form M in theSchedule.

(3) Where a trustee fails tosubmit to the Registrar Generalthe particulars of a trust asrequired by subsection (2), theRegistrar shall not register anydealings in respect of the landsubject to the trust and anyperson affected by such decisionshall apply to the court for anextension of the time undersubsection (2) for the registrationof the trust.

(4) Every inter vivosdealing or transaction affecting atrust of land or affecting landwhich is the subject of the

38

trust made on or after thecommencement of the MiscellaneousProvisions (Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Stamp Duty andRegistration of Title to Land) Act,2020, including—

(a) a disposition of—(i) a subsisting trust;

and(ii) an equitable interest

in land which isthe subject of atrust;

(b) a declaration of a trust;(c) appointment of a trustee;(d) retirement of a trustee;(e) disclaimer of a trustee;(f) delegation of duties of a

trustee; and(g) variation of the terms

and conditions of atrust,

shall be void unless made by Deedand registered in accordance withthis Act.

(5) For the purposes of thissection—

“instrument of trust” means—(a) a document creating

an express trust inrespect of any land orinterest therein; or

39

(b) a document containingan inter vivos dealingor transaction affectinga trust of land oraffecting land whichis the subject of atrust,

including—(c) a disposition of—

(i) a subsisting trust;and

(ii) an equitableinterest in landwhich is thesubject of a trust;

(d) a declaration of atrust;

(e) the appointment of atrustee;

(f) the retirement of atrustee;

(g) the disclaimer of atrustee;

(h) delegation of dutiesof a trustee; and

(i) variation of theterms and conditionsof a trust,

but does not include atrust created under atestamentary disposition;and

“trust” means a legalrelationship inter vivoscreated by a person (the

40

settlor) wherein land hasbeen placed under thecontrol of a trustee for thebenefit of a beneficiary or fora specified purpose and—

(a) the land is not a partof the beneficialestate of the trustee;

(b) legal title to landstands in the nameof the trustee or inthe name of anotherperson on behalf ofthe trustee; and

(c) the trustee has thepower and the duty,in respect of whichhe is accountable, tomanage, employ ordispose of the land inaccordance with theterms of the trustand the special dutiesimposed on him bylaw,

and includes any transfer ofland previously subject to atrust.

(6) For the purpose of thedefinition of “trust” under sub-section (5)(b), a reservation by asettlor of certain rights andpowers and the fact that thetrustee himself has rights as abeneficiary are not necessarilyinconsistent with the existence ofa trust.

41

28. A person who is aggrievedby a decision of the RegistrarGeneral to—

(a) refuse to register acontract for the sale orother disposition of landunder section 15B(9);and

(b) refuse to accept aregistrable documentfor registration undersection 15F(4) and15I(6),

may appeal to the High Court andthe High Court may make suchorder as it thinks fit.

29. The Minister may, byOrder, amend the Schedule.

(o) The Schedule is amended by inserting afterForm B the following new forms:

42

Amendmentof Schedule

Appeals

43

44

45

46

47

48

49

50

51

52

53

5. The Conveyancing and Law of Property Act isamended—

(a) in section 2, by inserting after thedefinition of “income” the following newdefinition:

““interest in land” means the lawfulright as owner of land to holdthe legal title to the land;”;

(b) in Part I—(i) by inserting after the heading

“PART II SALES AND OTHERTRANSACTIONS CONTRACTS”the following new section:

3A. (1) Subject to sub-section (2), on or after thecommencement of theMiscellaneous Provisions(Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Real Property,Stamp Duty andRegistration of Title toLand) Act, 2020, everyDeed for the conveyance ofan interest in land shall bepreceded by a contractfor the sale or otherdisposition of that interest.

(2) Subsection (1)does not apply to a Deed ofgift, an assent or a grant ofa lease for a term of lessthan three years.

(3) Subsection (1)shall not apply where theDeed of conveyance was

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“Contract toprecede Deed

Chap. 56:01amended

made prior to thecommencement of theMiscellaneous Provisions(Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Real Property,Stamp Duty andRegistration of Title toLand) Act, 2020.”;

(ii) by repealing section 4 andreplacing it with the followingsection—

4. (1) No action maybe brought upon anycontract for the sale orother disposition of land orany interest in land,unless the agreementupon which such actionis brought, or some memo-randum or note thereof, isin writing, and signed bythe party to be charged orby some other personlawfully authorized byhim.

(2) Subsection (1)applies to contracts madebefore the commencementof the MiscellaneousProvisions (RegistrarGeneral, Registration ofDeeds, Conveyancing andLaw of Property, RealProperty, Stamp Duty andRegistration of Title toLand) Act, 2020.

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“Contracts forsale, etc., ofland to be inwriting andregistered

(3) The MiscellaneousProvisions (RegistrarGeneral, Registration ofDeeds, Conveyancing andLaw of Property, RealProperty, Stamp Duty andRegistration of Title toLand) Act, 2020 does notaffect the law relating topart performance beforethe coming into force ofthat Act.

(4) On or after thecommencement of theMiscellaneous Provisions(Registrar General,Registration of Deeds,Conveyancing and Law ofProperty, Real Property,Stamp Duty andRegistration of Title toLand) Act, 2020, allcontracts for the sale ofland shall be in writingand registered in accor-dance with theRegistration of Deeds Act.

(5) Subsection (4)does not affect the lawrelating to the sale orother disposition of land oran interest in land by anorder of a Court.”; and

(iii) in section 10, by repealing sub-section (1) and substituting thefollowing new subsection:

10. (1) All conveyancesof land or of any interesttherein are void for thepurpose of conveying or

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“Lands to begranted byregistration

Chap. 19:03

creating a legal estateunless—

(a) made by Deed; and(b) on or after the

commencement ofthe MiscellaneousProvisions (RegistrarGeneral, Registration ofDeeds, Conveyancingand Law of Property,Real Property, StampDuty and Registrationof Title to Land) Act,2020, they areregistered in accordancewith PART IV of theRegistration of DeedsAct.”.

6. The Real Property Act is amended—(a) in section 2(1), by inserting after the

definition “instrument” the following newdefinition:

““interest in land” means the lawfulright as owner of land to hold thelegal title to the land;”;

(b) by inserting after the heading “PART VTRANSFERS AND OTHER DEALINGS”the following section:

61A. (1) On or after thecommencement of the MiscellaneousProvisions (Registrar General,Registration of Deeds, Conveyancingand Law of Property, RealProperty, Stamp Duty andRegistration of Title to Land) Act,2020, every instrument for theconveyance of an interest in land

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Chap. 56:02 amended

“Contract toprecedeinstrument forconveyance

shall be preceded by acontract for the sale or otherdisposition of that interest.

(2) A contract referred toin subsection (1) shall be inaccordance with sections 15A, 15Band 15C of the Registration ofDeeds Act.”;

(c) in section 62 by—(i) by renumbering section 62 as

section 62(1);(ii) in section 62(1), as renumbered, by

deleting the words “may execute”and substituting the words “shallexecute”; and

(iii) by inserting after section 62(1),as renumbered, the followingsubsections:

“(2) The Registrar Generalshall not accept a memo-randum of transfer forregistration unless it meetsthe requirements ofsections 5, 5A to 5D, andPARTS IV and V of theRegistration of Deeds Act.

(3) Every memorandum oftransfer presented forregistration shall beaccompanied by a cover sheet,in duplicate, prepared by theAttorney-at-law presentingthe Deed, containing thefollowing particulars:

(a) name of theAttorney-at-law who

58

prepared the memo-randum;

(b) date of the practisingcertificate of thatAttorney-at-law;

(c) address of the firm orchambers of thatAttorney-at-law;

(d) current certificate oftitle reference;

(e) registered proprietorof the property towhich the memoran-dum relates;

(f) opposite party;(g) date of execution of

the memorandum;(h) information on the

authorized clerk; and(i) any other particulars

which the RegistrarGeneral may require.

(4) The Registrar Generalshall place the informationreferred to in subsection (1)and contained in the coversheet in the relevant index”;

(d) in section 130, by deleting the words “Act orOrdinance” and substituting the words“written law”; and

(e) by inserting after section 157, the followingsections:

157A. A person purporting tocomply with this Act whoknowingly provides false

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“ Providingfalseinformation tothe RegistrarGeneral

information to the RegistrarGeneral commits an offence and isliable upon summary conviction toa fine of ten thousand dollars andto imprisonment for six months.

157B. It is a defence inproceedings for an offence underthis Act if the accused proves thathe did not knowingly authorize,permit or acquiesce in thecommission of the offence.

157C. (1) Notwithstanding anywritten law prescribing a timewithin which proceedings maybe brought before a Courtof summary jurisdiction,proceedings for an offence underthis Act may be instituted at anytime within seven years from thecommission of the offence orwithin eighteen months after therelevant date.

(2) In this section, the“relevant date” means the date onwhich evidence sufficient, in theopinion of the Registrar General,to justify the institution ofsummary proceedings comes tohis knowledge.

(3) For the purpose ofsubsection (2), a certificate as tothe date on which the evidencereferred to in subsection (2), cameto the knowledge of the RegistrarGeneral, shall be conclusiveevidence of that fact.”.

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Defence

Limitation re.summaryoffences

7. The Stamp Duty Act is amended—(a) in section 16, by deleting the words “four

hundred dollars” and substituting thewords “twelve thousand dollars and toimprisonment for twelve months”; and

(b) in section 82, by deleting the words “fifteenthousand dollars” and substituting thewords “thirty thousand dollars”.

8. The Registration of Title to Lands Act isamended—

(a) in section 26 in subsection (2), by deletingall the words after the word “therein” andsubstituting the words “shall be by Deed inaccordance with section 27 of theRegistration of Deeds Act.”;

(b) in section 35(b) by inserting after the word“or” the word “any”;

(c) in section 55, by deleting subsection (2) andsubstituting the following new subsection:

“ (2) A Deed of trust shall beregistered in accordance with theRegistration of Deeds Act.”; and

(d) in section 79, by deleting the word “a trustor” and substituting the word “an”.

Passed in the Senate this day of , 2020.

Clerk of the Senate

I confirm the above.

President of the Senate

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Act No. 16 of 2000amended

Chap. 76:01 amended

Passed in the House of Representatives this dayof , 2020.

Clerk of the House

I confirm the above.

Speaker

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