Quality Checklist - Complex DW Legal

Quality Checklist - Complex DW Legal

Standard FR/DW/TP Legal - Section

Data Point Code

Data Point Name

Data Point Description

Links to Manual

 

 

Standard FR/DW/TP Legal - Section

Data Point Code

Data Point Name

Data Point Description

Links to Manual

 

 

Application Check

LQC1

Deed(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?

Designation

Requirements of Registrable Deeds

Deeds must bear title number

Application Workdesk

LQC3

Application 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 Section

LQC4

B 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 Section

Names and Changes of Name in the Proprietorship and Securities Section

 

B Section

LQC5

B 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.

Proprietorship Section

Designations

Names and Changes of Name in the Proprietorship and Securities Section

B Section

LQC6

B 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 Section

LQC8

B Section Consideration

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

 

Proprietorship Section Entries - Consideration

Voluntary Registration

 

B Section

LQC9

B Section Date of Entry 

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

If the date on the form pre or post dates the application's registration date by more than 12 months the settler should give consideration as to whether the date in the date on the deed (if different) should be preferred.

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

Proprietorship Section Entries - Date of Entry

Voluntary Registration

 

B Section

LQC10

B Section Pro Indiviso Shares

Check that the B Section correctly reflects any pro indiviso shares.

Proprietorship Section Entries - Pro Indiviso Shares

 

 

C Section

LQC11

C Section Entry

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

Securities Section Information

 

 

C Section

LQC12

C Section Date of Registration

Where there is a standard security or other charge check the date of registration is correct.

 

 

 

C Section

LQC13

C Section Granter

Where 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 Section

LQC14

C 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 Information

Standard Security - example deeds

NPLC

C Section

LQC15

C Section Creditor Code

Where 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 Section

LQC16

C 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 Section

Standard Security - Example Deeds

 

C Section

LQC17

C and D Section Discharged and Expired entries

If 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

LQC18

Non 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 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 Section

LQC19

A 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 Section

LQC20

D-Section

Where 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.
Using this website requires you to accept cookies. More information on cookies.
Feedback