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Signing and Witnessing a Document

under
The Registration of Titles Act

Instructions

Section 152 of the Registration of Titles Act provides for the attestation of
documents lodged for registration at the Office of Titles. When a document is
lodged at the Office of Titles the Registrar of Titles must be satisfied that the
document is legally and formally valid. One such requirement relates to the
signing and witnessing of documents.

Signing by Individual

The document should be signed by all the parties concerned and named in the
document. The names of the parties in the signing clause should be identical to
the ones stated in the instrument. The person signing the document must do so
manually and in ink. Facsimile and photocopy of signatures are not authorized by
the Act. See example forms of attestation one.

Marksman Clause

A person may be unable to read or write by reason of illiteracy or some physical


impairment. In these cases it will be necessary that the contents of the
document be read over and explained to the individual before they sign the
document. The person may affix their normal signature or place a mark on the
document. These persons are normally referred to as marksman. See examples
of attestation two.

Signing Under a Power of Attorney

The document may be signed on behalf of an individual or company under a


Power of Attorney. The attorney should sign the document in his or her own
signature. The power of attorney is required to be lodged at the Office of Titles
and will be given a unique number which is to be stated in the signing clause as
well as the date of deposit at the office. See example form of attestation three.

Documents may also be signed by a receiver, liquidator or a person appointed by


the court. Any agent signing a document on behalf of the registered proprietor
must state the source of their authority and submit documentary proof of same.

Signing by Corporations

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Signing and Witnessing a Document
under
The Registration of Titles Act

Instructions

Section 127 of the Registration of Titles Act provides for the execution of
documents by corporations. Where a company signs a document using its
common seal, the seal of the company should be affixed according to its Articles
of Association. This is normally done by a combination of two officers of the
company normally the Company Secretary and one of its Directors. As a result
the persons affixing the seal should state their position in the company. The
signing clause should include the fact the seal has been affixed see Example
forms of Execution four. The company may also sign a document without the use
of a seal. Execution can be done by the two of the officers of the company
stating their names and the capacity in which they are signing for and on behalf
of the company. See example forms of attestation. The document being
executed in this manner has the same effect as being executed under Seal. See
example form of attestation five.

Attestation/Witnessing of a Document

An individual signing a document must do so before one of the functionaries


prescribed by section 152 of the RTA. The purpose of this is that someone
independently can witness the act of signing and thereby acts as some form of
validity that the documents was properly signed by the named individual.

For documents executed within the island of Jamaica these documents must
be witnessed before a:

1. Justice of the Peace


2. Judge of the Supreme Court
3. Registrar of Titles
4. Notary Public
5. The Governor-General
6. Attorney-at-law

For documents signed in Great Britain or Northern Island:


1. The Mayor or Deputy Mayor
2. Chief Magistrate or Deputy Magistrate Chief Magistrate
3. Notary Public

For documents signed in any other Commonwealth country:

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Signing and Witnessing a Document
under
The Registration of Titles Act

Instructions

1. The Governor
2. Commander-in-chief
3. Judge of any court
4. Mayor or Chief Magistrate
5. Notary Public

For documents signed in a foreign country or state


1. The Jamaican or British Consular Officer
2. Notary Public.

Where an instrument is witnessed by a Notary Public in a Foreign State or


Country you must provide certificate from the appropriate officer within that
country or state that the Notary Public is duly commissioned and practicing in
such State or Country and that full faith or credit can be given to his acts. See
examples of certificates verifying the commission of the notary public issued in
the United States.

Any other person or individual can be a witness within the island or outside of
the Island but in this case the witness shall appear before one of the
functionaries aforesaid who after making due enquiries of such witness and shall
endorse on the same instrument a form prescribed by the Act and this shall be
sufficient proof of the due signing of the document. The jurat should contain the
date when and the place where the probate clause is taken, among other things.
See example forms of attestation six.

WHERE A DOCUMENT IS WITNESSED OUTSIDE OF THE ISLAND BY ONE


OF THE FUNCTIONARIES LISTED ABOVE THE SEAL OF SUCH OFFICER
SHALL BE AFFIXED TO HIS ATTESTATION.

WHERE A DOCUMENT IS WITNESSED WITHIN THE ISLAND BY A


JUSTICE OF THE PEACE THE SEAL OF SUCH FUNCTIONARY BEARING
THE NUMBER SHALL BE AFFIXED TO HIS ATTESTATION.

Example forms of executing

1. Individuals signing on their own behalf:

Signed by (full name of individual) __________________

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Signing and Witnessing a Document
under
The Registration of Titles Act

Instructions

in the presence of :
Witness :(signature of the witness and the capacity of the witness eg. Attorney-
at-law/Justice of the Peace. The seal of the witness is normally required to be
affixed to the document. For Justices of the Peace the parish is to be stated.

2. Individuals signing as a Marksman

Signed by (full name of individual)


After the same was read over and explained to him or her and who expressed
themselves as understanding the nature and effects of the contents.
In the presence of
Witness : (prescribed by the act)

3. Individuals signing under a Power of Attorney

Signed by (full name of attorney)


For and on behalf of (full name of individual)
Under power of attorney number ___ deposited
On the (day/month/year)
Witness:

4. Company signing under Seal

The Common Seal of (name of company)


Was affixed by (name of person and their capacity) and
(name of person and their capacity)
In the presence of
Witness: (prescribed by the act)

5. Company signing without a Seal

Signed by (name of company)


By (name of individual and capacity) and
By (name of individual and capacity)
Witness:

Probate Clause

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Signing and Witnessing a Document
under
The Registration of Titles Act

Instructions

Appeared before me at (address) on the (day) of (month/year) (name of


witness) the attesting witness to this instrument and declared that he or she was
satisfied that the name purporting to be the signature of (registered proprietor)
is his/her own handwriting and that he/she was of sound mind and freely and
voluntarily signed such instrument.

Witnessed:

The document will normally be accepted for registration if the signature of the
person is indecipherable however the document will not be accepted where the
signature reveals a major disparity in spelling or a different name.

Documents not requiring a formal witness

1. Discharge of Mortgages

2. Caveat Instruments

3. Withdrawal of Caveats

In these cases the following is to be stated:

Full name of the witness

Address of the witness

Occupation of the witness

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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Signing and Witnessing a Document
under
The Registration of Titles Act

Sample Documents

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Signing and Witnessing a Document
under
The Registration of Titles Act

Sample Documents

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Signing and Witnessing a Document
under
The Registration of Titles Act

Sample Documents

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Signing and Witnessing a Document
under
The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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The Registration of Titles Act

Sample Documents

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