Quality Checklist - Complex DW Legal

Standard FR/DW/TP Legal - SectionData Point CodeData Point NameData Point DescriptionLinks to Manual

Application CheckLQC1Deed(s) Check the deed submitted for registration complies with the following:

• Parties to deed must be designed - for some special parties the name only may be acceptable and for Discharges there is no requirement to check the borrower has been designed.

• Deed must include operative words in the present tense

• Where appropriate the deed must conform closely to statutory style or have minimum content

• Subjects must be adequately described (deeds relating to registered plots must bear a title number)

• Disposition or other deed with granter and grantee must not be by A to A in the same capacity

• Deed must be signed/executed appropriately

• Any annexations or schedules should be incorporated into the registrable deed

Is the title number in the deeds correct?

Has the application been created over the correct title number?

DesignationRequirements of Registrable DeedsDeeds must bear title number
Application WorkdeskLQC3Application Workdesk

Application Workdesk
Where the application contains a deed of conveyance check the following fields been correctly completed
• Date of entry
• Consideration
• Applicants names and designation
• Additional Info field

Do the deeds on the application workdesk include:
• the correct deed code
• the correct creditor code (if applicable)

FR/TP/DW User Guides

B SectionLQC4B Section Proprietor Name

Has the proprietor's name been entered or updated correctly in the B-Section?
Check the name(s) entered into the B-Section reflect the deeds. If not consider if any other information submitted with the application explains any difference.

DWs only - where the application does not contain a deed of conveyance check the B-Section has been updated in line with current guidelines to reflect any change of name.

Proprietorship SectionNames and Changes of Name in the Proprietorship and Securities Section
B SectionLQC5B Section Proprietor(s) Designation

Has the proprietor's address been entered or updated correctly in the B-Section? If not then consider if any other information submitted with the application explains any difference

For non-natural persons or people acting in a special capacity check the correct link text has been entered into the B-Section to accurately reflect the deed.

For non-natural persons check the entry includes the legal system under which the person is incorporated and any other identifier peculiar to that person.

DWs only - If the application does not contain a deed of conveyance check the B-Section has been updated in line with current guidelines to reflect any change of address.



DWs only - If the application does not contain a deed of conveyance check the B Section has been updated in line with current guidelines to reflect any change of address.
Proprietorship SectionDesignationsNames and Changes of Name in the Proprietorship and Securities Section
B SectionLQC6B Section Proprietor Destination

Where there is a deed of conveyance check the B-Section correctly reflects the destination in the deed.
Note: If there are joint grantees and the deed does not specify "equally between them" then this should still be added.

DWs only - check any existing destinations have been updated to reflect changes in ownership e.g operation of survivorship destinations

Destinations

B SectionLQC8B Section Consideration

Where there is a deed of conveyance check the consideration in the B-Section reflects the deed.

For Voluntary Registrations the consideration should be entered as Not Applicable.

Proprietorship Section Entries - ConsiderationVoluntary Registration
B SectionLQC9B Section Date of Entry 

Where there is a deed of conveyance check the date of entry in the B-Section reflects the deed.

If the deed does not include a date of entry then it should be taken from the application form.

If there's no date on both the form and deed then the guidelines in the registration manual should be followed.

For Voluntary Registrations check the appropriate B Section note been added.

Proprietorship Section Entries - Date of EntryVoluntary Registration
B SectionLQC10B Section Pro Indiviso SharesCheck that the B Section correctly reflects any pro indiviso shares.Proprietorship Section Entries - Pro Indiviso Shares

C SectionLQC11C Section EntryWhere there is a standard security or other charge check an entry for this has been added to the C Section.Securities Section Information

C SectionLQC12C Section Date of RegistrationWhere there is a standard security or other charge check the date of registration is correct.


C SectionLQC13C Section GranterWhere there is a standard security or other charge check the granter been correctly entered in the C Section.Names and Changes of Name in the Proprietorship and Securities Sections

C SectionLQC14C and D Section Entry Style and Notes

Where there is a standard security or other charge check
• the correct style of C-Section entry been used
• the correct charge value entered
• the correct charge date entered
• the correct charge years entered

If the application requires the addition of any C-Section notes check these been entered correctly e.g ranking notes or notes in respect of a Deed of Variation or Ranking Agreement

If the application contains a NPLC (otherwise known as NOPL) check this has been added correctly to the D Section

Securities Section InformationStandard Security - example deedsNPLC
C SectionLQC15C Section Creditor CodeWhere there is a standard security or other charge check the creditor been entered correctly by either:
• the correct creditor code or
• entered manually if no code is available
Creditor Codes

C SectionLQC16C Section Prior Version 

Check the C-Section contain all the necessary entries from the previous registered version of the title i.e all undischarged securities and other charges

Note: For pre despatch this is a check against the existing registered version and for post despatch a check against the most recent R- version.

DW User Guide Securities SectionStandard Security - Example Deeds
C SectionLQC17C and D Section Discharged and Expired entriesIf the application contains a discharge, deed of restriction or is a power of sale check the necessary entries have been removed from the C-Section (DW applications) or omitted from the C-Section (FR and TP applications)

Check any time-expired charges have been removed.

Check any time-expired NPLC's (otherwise known as NOPL) have been removed from the D Section.



Application Workdesk
A,B,C,D Sections
LQC18Non KPI Title Sheet Errors

Check the Indexing Guidelines been followed in respect of:
• the Applicants names in the Application Workdesk (DW's only)
• the Proprietors names in the B Section
• the Granters in the C Section

Check the B-Section includes spouses, both or all when appropriate.

Any minor typos noticed during the quality check - apart from typos in names, addresses and monetary considerations should be failed here

Indexing

A SectionLQC19A Section Rights

Where the application creates a new servitude right in favour of the subjects in the title being checked has the A-Section been correctly updated?
Note - the right can either be added at length or through cross reference to a D-Section entry




D SectionLQC20D-SectionWhere the application requires a new entry or entries in the D-Section (apart from a NPLC (otherwise known as a NOPL)):
• has one been added?
• is the content of the preamble correct? (check the deed type, names of parties, registration/recording date)



Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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