S7.1.1 SAF Guidance Notes

SAF Guidance Notes

The Sasine Application Form (SAF) is to be used for each Deed to be recorded in the Register of Sasines. The form is the Agent's instruction to the Keeper and is a statutory requirement, please ensure that it is completed fully and accurately. Do not staple or pin other documents to the Sasine Application Form. Care should be taken that the Sasine Application form is not torn, crumpled or excessively folded. Deeds that are to be registered in the Land Register will require the appropriate Land Register application form(s) and fee(s).

Note 1

Presented by

The name and address of the presenting Agent should be inserted in the space numbered 1 on the SAF.

Note 2

FAS Number

Insert four digits only in space numbered 2. If your company has FAS numbers relating to both cheque and Direct Debit payment types ensure that the appropriate number is narrated in relation to the payment method used.

Note 3

County

The county in which you require the deed to be recorded should be ticked in space numbered 6. Should the deed require to be recorded in more than one county each county should be ticked. It should be noted that the Deed will only be recorded in the county(s) specified on the form.

Note 4

Deed Type

Insert the type of Deed that is to be recorded.

Note 5

Preservation/ Preservation and Execution

Indicate whether the Deed is required to be preserved in the Books of Council and Session for the purposes of Preservation and/or Preservation and Execution. Should the Yes box be ticked for either of these options indicate how many extracts are required in box numbered 10.

An additional fee based on the number of extracts required must be submitted with the Application.

Boxes 8, 9 and 10 should only be completed for preservation or publication extract purposes, not for standard recording in the Sasine Register.

Note 6

Granters

I.) Insert the full names and designation of the Granters of the Deed in box numbered 11.

II.) Should additional space be required to incorporate additional Granters a tick should be placed in the box provided and additional Granters should be added to the additional Granters Sasine Application Form.

III.) The names and addresses of Trustees or partners of a firm should be inserted as if they were individuals, and the name and designation of the firm inserted in the appropriate space as well. If there are more than two Trustees the names and addresses of the additional ones should be inserted on the additional Granters(s) form.

IV.) Where the Granter(s) are acting in an executory capacity, the names and designations of the Executor(s) should be narrated, as well as the capacity in which they are acting, e.g. where Robert Gordon Campbell is Executor of John Smith, 27 Princes Avenue, Girvan:

V.) Where the Granter is acting in a fiduciary or other capacity, the information required is the name and designation of the party and the capacity in which he is acting , e.g. where the Granter is Robert Gordon Campbell, Trustee of Jane Smith late of 27 Princes Avenue, Girvan the insertion should be:

This applies to when the relationship results from a deed of trust, testamentary deed or court appointment etc. Where the Granters are the Trustees of a club etc. the name and address of the club is required and should be inserted in the space for ‘firm, company, council etc’ The names of ex officio Trustees should not be inserted in the Granter’s response box.

VI.) The name and addresses of companies/ councils etc should be inserted in the space for ‘ Firm, Company , Council etc’

VII.) Only the main parties of Granter and Applicant in the Deed should be narrated in the SAF e.g. the third party of the mortgage lender in a Discharge of Standard Security should not be included on the form.

Note 7

Applicants

I.) Insert the full names and designation of the Applicants of the Deed in box numbered 12. This box must contain the names and designations of all the Applicants in the Deed.

II.) Should additional space be required to incorporate additional Applicants a tick should be placed in the box provided and additional applicants should be added to the additional Applicants Sasine Application Form.

III.) The names and designation of the Trustees or partners of a firm should be inserted as if they were individuals as well as the name and designation of the firm. If there are more than two Trustees the names and addresses of the additional ones should be inserted on the additional applicant(s) form.

V.) Where the Applicant(s) are acting in a executory capacity the names and designations of the Executor(s) should be narrated, as well as the capacity in which they are acting, e.g. where Robert Gordon Campbell is Executor of John Smith, 27 Princes Avenue, Girvan:

Please note, an Application cannot be on behalf of a deceased party only.

VI.) Where the Deed is an agreement among parties (e.g. Ranking Agreements, Section 75 Agreements etc), all parties should be inserted as Applicants - either on one form (see point II above) or multiple forms.

VII.) Where the Applicant is acting in a fiduciary or other capacity, the information required is the name and designation of the party and the capacity in which he is acting , e.g. where the applicant is Robert Gordon Campbell, Trustee of John Smith late of 27 Princes Avenue, Girvan:

This applies to when the relationship results from a deed of trust, testamentary deed or court appointment etc. Where the applicants are the Trustees of a club etc. only the name and address of the club is required and should be inserted in the space for ‘firm, company, council etc’

The names of ex officio trustees should not be inserted in the Applicant’s response box.

VIII.) Only the main parties of Granter and Applicant in the Deed should be narrated in the SAF e.g. the third party of the mortgage lender in a Discharge of Standard Security should not be included on the form.

IX.) The name and addresses of companies/councils should be inserted in the space for ‘ Firm, Company , Council etc’

Note 8

Subjects

I.) Insert the full postal address of all the subjects including the postcode using the boxes in section 13.

e.g. for Flat A, ‘Hill Court’, 53 Eastside, Kirkintilloch, Glasgow G66 1GH insert:

E.g. for Farm and Lands of Shawend Farm, Kirkton, Dumfries, DG1 1SU

II.) Additional information assisting identification of the subjects (e.g. the location of a house within a tenement, or a plot number) should be inserted in the Subbuilding/plot number’ box.

III.) Where a property does not have a postal address as full a description as is necessary to identify the subjects should be inserted in the ‘Street Name/Name of subjects’ box (see example for SHAWEND FARM above).

IV.) If there are more than two subjects in the deed the box ‘Any Additional subjects?’ should be ticked and the additional subjects should be inserted on the Additional Subjects form

Note 9

Consideration/ Amount of Loan

Insert the consideration in figures in the format £x.xx. If there is a non-monetary consideration, abbreviate it to fit e.g. love, favour and affection should be inserted as LF & A. If the latter is the case the value of the subjects should be inserted in box numbered 15.

Note 10

Value

Where the consideration is less than the true value of the subjects or not expressed in monetary terms, then the true value should be inserted in box numbered 15 (in figures in the format £x.xx)

Where the fee is based on Table A of the Fees in the Registers of Scotland Order 1995 as amended, a consideration or value must be inserted in the appropriate box.

Note 11

Fees

Please insert the amount due for this recording in figures.

Note 12

Method of payment

Insert the method of payment e.g. cheque, direct debit, cash, credit card in the box numbered 17

Note 13

Payment Additional information

If there is additional information relating to the payment this should be included in box
numbered 18.

Note 14

Search sheet

Previously recorded deeds may include information regarding the Search Sheet number of the subjects. This may be on the backing of prior deeds. Any Search Sheet information should be included in boxes numbered 19. If there are more than three Search Sheets affected further information can be included in the additional information space on page 3 of the form.

Note 15

UID Number

Insert a unique number, i.e. use your FAS number, the date and time (1234011220041015). The same number should be added to all pages of the form including any additional pages.

Note 16

Page number

Insert the page number and the total pages contained in the completed form.

Note 17

Additional Information

Any additional information pertaining to the application and /or if the space provided in the boxes is not large enough for the information should be included in the Additional Information box on page 3 of the form.