S11.15 Multiple (or Block) Assignations

Multiple (or Block) Assignations are where a creditor company is either reorganised and wants to transfer all existing Securities to another part of the Company with a different name or sells or transfers its existing Securities to another Company. These can contain potentially thousands of Security entries and these deeds need to be treated with care due to their complexity.

It is important for the effective running of Registers Direct that the following notes are strictly adhered to, even if they conflict with the method you normally use.

For a definitive style to be always used (subject to agreed exceptions with your Team Leader) when minuting one of these deeds, please see minute number 31 x 29/08/01 for the County of Angus. The references in this section are to that minute. 

First, a general point regarding the persons index. In a multiple Assignation the Granter and Applicant are the two companies involved. The Borrowers should not be coded, and therefore there should be no search sheets indexed to them for these particular minutes.

The various subjects in the deed should, however, be indexed to the correct Search Sheets and only to the relevant sheets. This means that if you search against a property which is included in a multiple Assignation only the relevant search sheet for that property will be displayed, not all the search sheets affected by that Assignation. (This also applies to other deeds with multiple subjects.)

Therefore, for this type of minute there should be made use of non-dot brackets, (i.e. (1) ROSELY LODGE, ARBROATH) as opposed to dot brackets, (i.e. (1.) ROSELY LODGE, ARBROATH). In the former, each set of subjects will require to be linked with the Search Sheet numbers that you have entered. In the latter, all the subjects will be indexed to all the Search Sheets.

Sometimes subjects are repeated in the schedule. We do not want to enter the same CSS number twice. Compare entries 1 and 15 in the minute, which are both for Rosely Lodge (which can be found on CSS 42645). During CSS processing, when allocating particular subjects to particular search sheets, against CSS 42645 we will put two sets of subjects, i.e.1,15. There is no further entry for 15; the subjects will jump from 14 to 16.

Sometimes there are two sets of subjects on the one search sheet, as in the case of entry 11. Note that both of these will be indexed to the particular CSS you allocate to the subjects in entry 11.

However, you may have a case where there are two sets of subjects in a single Security but they are on separate search sheets. Compare entry 21 where the subjects have been separated using Roman numerals, i.e. (I) and (II). (Again, use non-dot brackets.) In this example, when processing you need to put against the 1st search sheet, 54786 – “21,I” and against the 2nd search sheet, 95927 – “21,II”. This allocates the correct subsets of entry 21 to their particular search sheets.

In this last case, however, it should be noted that if any subsequent entry also has two sets of subjects you cannot use Roman I and II again, as this will confuse the system with the earlier I and II. Instead, you need to use III and IV and so on for any further entries like this. Using this method you can allocate a particular search sheet to each particular set of subjects. Once the minute has been processed you can go back in to the minute and alter the Roman III and IVs, etc. to I and II for each particular set of subjects, so long as you do not reprocess the minute. This way, both the minute and the indexing will be correct. If the deed is to be withdrawn, do not alter the Roman numerals as the deed will require to be re-processed on its return. Instead, leave a note on the withdrawn rubric reminding the second drafter to alter the Roman numerals after processing.

Inevitably with so many entries there will often be errors in this type of deed. There may be an incorrect recording date or a borrower missing, or the Security may have been discharged or the subjects gone on to the Land Register.

Obviously, we would phone the agent regarding any of these. They may wish for the deed to be recorded and for any erroneous entries to be treated as 'pro non scripto'. While this is acceptable in theory, it will depend on the number of errors in proportion to the number of entries. If there are several errors then consult with your Team Leader.

It is important that any such entries be noted at the bottom of the minute. (E.g. "Agent is aware that entries 2, 24 & 36 in the schedule contain errors and would like these to be treated as pro non scripto. Insists on deed being recorded as it stands.")

Further, if the subjects have been carried out to the Land Register then we need to put a note on that search sheet for the benefit of LR searchers. We can do this by accessing the Create CSS Notes option on CSR, or by selecting F9 when we are viewing the particular sheet. (Remember, you may have to open the search sheet, put on the note, and then close it again.)

A suitable note would be something like: "Assig. 31 x 29/08/01 contained an entry for these subjects but it was pointed out that they were now in the Land Register. The Agent is aware that he must register a separate Assig. for those subjects in the LR."

If you need to amend or delete the note you can go in under User Admin and select CSS Maintenance Routines. You can also create notes this way.

In all cases it should be made clear to the Agent that they will be required to prepare separate Assignations for the incorrect entries.