Conveyancing Practice Update from the Selangor Bar Committee
Dear Members of the KL Bar,
Below is the reproduction of a circular received from the Selangor Bar Conveyancing Practice & SRE Sub-Committee dated 28.12.2012 for your information.
Please take note.
Agnes Chan Kim Hong
KL Bar Corporate and Conveyancing Practice Committee
28th December, 2012
CONVEYANCING PRACTICE: UPDATES AND GUIDELINES:
To All Members,
The CPC Sub-Committees from Selangor Bar Committee and KL Bar Committee had attended a meeting with PTG Selangor on 25 Sept 2012. In the meeting, PTG Selangor had raised the following issues that require our members’ attention:-
1. Entry/withdrawal of private caveat
(a) from 1.9.2012, PTG Selangor will only accept a copy of the form for presentation of entry/withdrawal of private caveat. Those firms that require duplicate copy of the registered documents are advised to apply for a certified true copy from land office.
(b) it was brought to our attention that certain land offices would require a copy of the Sale and Purchase Agreement (SPA) in order to lodge private caveat. The director of PTG Selangor had agreed that a copy of the SPA is not required to be attached unless the SPA is part of the annexure to the supporting statutory declaration.
2. Push mail system
PTG Selangor has started with this system where the law firms will be notified by email once presentation had been duly registered. However this currently on trial run, system is only available to 5 Registrars at the PTG Selangor.
Members are invited to state their email addresses in the firms’ letterhead and to notify PTG Selangor the email addresses when presenting documents at PTG Selangor.
The system will be fully online in January 2013.
3. Computerised data system (SPTB) at Shah Alam strata title division
PTG Selangor notified us that the Shah Alam strata title division has started with computerised data system (SPTB) and public has been able to get computer print out of title search reports since June 2012. The SPTB will be fully implemented in January 2013.
4. Forms under the Companies Act 1965
PTG Selangor had brought to our attention that in certain fraud cases, duplicate copy of the prescribed forms under the Companies Act 1965 was certified by lawyers and not the company secretaries on record.
Members are advised to exercise caution in such circumstances and to ensure the forms are certified by the Company Secretaries on record.
5. Malaysian bar’s membership number in lawyer’s Name stamp
PTG Selangor had highlighted that many documents presented did not state the lawyer’s membership number in the lawyer name stamp.
Members are reminded again to ensure the membership number is stated in the name stamps.
6. Penalty on late collection of documents
There had been complaints that many law firms had failed to collect the documents and pay the penalty imposed. PTG Selangor had indicated that they might refuse further presentation of documents by those firms who failed to settle the fine as imposed.
7. Collection of documents
Members are again reminded to ensure your representatives do not collect the documents belongs to other branch or firm unless there is written authorization from that branch or firm.
8. ‘E-wakil’ system
We have obtained clarification from the Director that lawyers who attend to presentation personally are not required to register under the ‘e-wakil’ system. The lawyer has to produce his name card and authorization letter from the firm. For those presentation staffs from other states outside Klang Valley who are not registered under the system and not on regular basis, they have to produce letter of authorization from the firm and a photocopy of his identity card.
Conveyancing Practice & SRE Sub-Committee
Selangor Bar Committee