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| This Act is current to March 11, 2025 | |||
| See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
238 (1) An instrument must not be registered unless,
(a) in the case of a transfer of a freehold estate or a mortgage, the instrument complies with and has been completed, executed and witnessed in accordance with this Act and the regulations,
(b) in the case of a general instrument to which Division 6 of Part 14 applies, it complies with and has been completed, executed and witnessed in accordance with this Act and the regulations, or
(c) in the case of any other instrument, its form complies with and the instrument has been completed, executed and witnessed in accordance with this Act and the regulations.
(2) Subsection (1) (a) and (c) does not apply to an instrument that was executed before the coming into force of this Act, and the failure to comply with subsection (1) (a) and (c) does not, of itself, invalidate the registration of the instrument after the coming into force of this Act.
(3) Subsection (1) (b) does not apply to a general instrument that was executed before the coming into force of sections 232 to 237 and the failure to comply with subsection (1) (b) does not, of itself, invalidate the registration of the general instrument after the coming into force of sections 232 to 237.
(4) Despite subsection (1), the registrar may authorize the registration of an instrument that does not meet the requirements of that subsection if the registrar considers that it would be proper to do so.
239 (1) An instrument that contains a floating charge on land must not be registered unless
(a) it is attached as a schedule to an approved form of mortgage where, in addition to the floating charge, the instrument also creates a mortgage of specific land, or
(b) [Not in force. Repealed 2006-33-1.]
(2) In the circumstances described in subsection (1) (a), the parties must, in the manner approved by the director, indicate that the mortgage contains a floating charge.
240 The director may
(a) and (b) [Repealed 2004-66-113.]
(c) prohibit the use of any type of seal on an instrument to be registered, deposited or filed under this Act, if the director considers that the impression of the seal is not capable of being scanned or stored electronically or of being microfilmed.
Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 19.1 | Part 20 | Part 21 | Part 22 | Part 23 | Part 23.1 | Part 24 | Part 24.01 | Part 24.1 | Part 24.2 | Part 25 | Schedule 1 | Schedule 2
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