PEXA - COI TEST*


CLIENT AUTHORISATION Version 5.0

When this form is signed, the Representative is authorised to act for the Client in a Conveyancing Transaction(s).

Privacy Collection Statement: The information in this form is collected under statutory authority and used for the purpose of maintaining publicly searchable registers and indexes.

Representative Reference:  

CLIENT DETAILS

 

CLIENT 1

 

CLIENT 2

NAME

 

ACN/ARBN

 

 

 

ADDRESS

 

 

TRANSACTION DETAILS

AUTHORITY TYPE

SPECIFIC AUTHORITY

(set out conveyancing transaction details below)

STANDING AUTHORITY

ends on revocation or expiration date:___/____/___

(tick relevant conveyancing transaction(s) below)

BATCH AUTHORITY

(attach details of conveyancing transaction(s))

 

CONVEYANCING TRANSACTION(S) 1

 

CONVEYANCING TRANSACTION(S) 2

PROPERTY ADDRESS

 

 

 

LAND TITLE REFERENCE(S)

(and/or property descripxion)

 

 

 

CONVEYANCING

TRANSACTION(S)

TRANSFER

MORTGAGE

CAVEAT

 

TRANSFER

MORTGAGE

CAVEAT

PRIORITY NOTICE

DISCHARGE/ RELEASE OF MORTGAGE

WITHDRAWAL OF CAVEAT

PRIORITY NOTICE

DISCHARGE/ RELEASE OF MORTGAGE

WITHDRAWAL OF CAVEAT

 

OTHER

 

 

 

 

 

OTHER

 

 

 

 

ADDITIONAL INSTRUCTIONS

 

 

 

 

CLIENT AUTHORISATION AND SIGNING

 

CLIENT 1 / CLIENT AGENT 1

 

CLIENT 2 / CLIENT AGENT 2

 

I CERTIFY that:

(a)   I am the Client or Client Agent; and

(b)   I have the legal authority to instruct the Representative in relation to the Conveyancing Transaction(s); and

(c)   if I am acting as a Client Agent that I have no notice of the revocation of my authority to act on behalf of the Client.

I AUTHORISE the Representative to act on my behalf, or where I am a Client Agent to act on behalf of the Client, in accordance with the terms of this Client Authorisation and any Participation Rules and any Prescribed Requirement to:

(a)     sign documents on my behalf as required for the Conveyancing Transaction(s); and

(b)     submit or authorise submission of documents for lodgment with the relevant Land Registry; and

(c)     authorise any financial settlement involved in the Conveyancing Transaction(s); and

(d)     do anything else necessary to complete the Conveyancing Transaction(s).

 

 

 

DATE  February 22, 2024     

 

SIGN HERE

 

 

DATE      /     /       

 

SIGN HERE

 

CLIENT/CLIENT AGENT NAME

   

 

CLIENT/CLIENT AGENT NAME

   

CAPACITY

  Client

CAPACITY

  Client

If applicable AUSTRALIAN CONSULAR OFFICE WITNESS  or IDENTITY AGENT (if not a Representative Agent)

If applicable AUSTRALIAN CONSULAR OFFICE WITNESS  or IDENTITY AGENT (if not a Representative Agent)

NAME

 

DATE

 

NAME

 

DATE

 

REPRESENTATIVE DETAILS AND SIGNING

 

REPRESENTATIVE

 

REPRESENTATIVE AGENT (if applicable)

NAME

Bytherules Conveyancing Pty Ltd

 

 

ACN/ARBN

ABN 98 149 102 554 / ACN 149 102 554

 

 

ADDRESS

PO Box 1211, Noosa Heads QLD 4567

 

 

 

I/We CERTIFY that reasonable steps have been taken to ensure that this Client Authorisation was signed by each of the persons named above as Client or Client Agent.

SIGNATURE OF REPRESENTATIVE OR REPRESENTATIVE AGENT IF APPLICABLE:

 

 

 

Joseph McMahon

DATE  February 22, 2024     

 

SIGN HERE

 

 

 

 

DATE      /     /       

 

SIGN HERE

 

SIGNATORY NAME:

CAPACITY:

 Joseph McMahon

 Solicitor

 

SIGNATORY NAME:

CAPACITY:

 

 

 

      

   

 

 

Terms of this Client Authorisation

1. What is Authorised

The Client authorises the Representative to act on behalf of the Client in accordance with the terms of this Client Authorisation and any Participation Rules and any Prescribed Requirement to:

  • (a) sign documents on the Client’s behalf as required for the Conveyancing Transaction(s); and
  • (b) submit or authorise submission of documents for lodgment with the relevant Land Registry; and
  • (c) authorise any financial settlement involved in the Conveyancing Transaction(s); and
  • (d) do anything else necessary to complete the Conveyancing Transaction(s).

The Client acknowledges that the Client is bound by any documents required in connection with a Conveyancing Transaction that the Representative signs on the Client’s behalf in accordance with this Client Authorisation.

2. Mortgagees

Where:

  • (a) the Representative represents the Client in the Client’s capacity as mortgagee; and
  • (b) the Client represents to the Representative that the Client has taken reasonable steps to verify the identity of the mortgagor,

    the Client indemnifies the Representative for any loss resulting from the Client’s failure to take reasonable steps to verify the identity of the mortgagor.

3. Revocation

This Client Authorisation may be revoked by either the Client or the Representative giving notice in writing to the other that they wish to end this Client Authorisation.

4. Privacy and Client information

The Client acknowledges that information relating to the Client that is required to complete a Conveyancing Transaction, including the Client’s Personal Information, may be collected by and disclosed to the Duty Authority, the ELNO, the Land Registry, the Registrar and third parties (who may be located overseas) involved in the completion of the Conveyancing Transaction or the processing of it, and consents to the collection and disclosure of that information to any of those recipients, including to those who are overseas.  For further information about the collection and disclosure of your Personal Information, refer to the relevant party’s privacy policy.

5. Applicable law

This Client Authorisation is governed by the law in force in the Jurisdiction in which the Property is situated.  The Client and the Representative submit to the non-exclusive jurisdiction of the courts of that place.

6. Meaning of words used in this Client Authorisation

In this Client Authorisation, capitalised terms have the meaning set out below:

Batch Authority means an authority for the Representative to act for the Client in a batch of Conveyancing Transactions details of which are attached to this Client Authorisation.

Capacity means the role of the signatory (for example an attorney or a director of a company).

Client means the person or persons named in this Client Authorisation.

Client Agent means a person authorised to act as the Client’s agent but does not include the Representative acting solely in this role.

Conveyancing Transaction has the meaning given to it in the ECNL.

Duty Authority means the State Revenue Office of the Jurisdiction in which the property is situated.

ECNL means the Electronic Conveyancing National Law as adopxed or implemented in a Jurisdiction by the application law, as amended from time to time.

ELNO means Electronic Lodgment Network Operator.

Identity Agent means a person who is an agent of either a Representative, or a mortgagee represented by a Representative, and who:

  • (a) the Representative or mortgagee reasonably believes is reputable, competent and appropriately insured; and
  • (b) is authorised by the Representative or mortgagee to conduct verification of identity on behalf of the Representative or mortgagee in accordance with the Verification of Identity Standard.

Jurisdiction means an Australian State or Territory.

Land Registry means the agency responsible for maintaining the Jurisdiction’s titles register.

Participation Rules means the rules relating to use of the electronic lodgment network determined by the Registrar from time to time.

Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).

Prescribed Requirement means any published requirement of the Registrar that Representatives are required to comply with.

Registrar means the Recorder of Titles in Tasmania; the Registrar-General in Australian Capital Territory, New South Wales, Northern Territory and South Australia; and the Registrar of Titles in Queensland, Victoria and Western Australia.

Representative is the Australian  legal practitioner, law practice or licensed conveyancer named in this Client Authorisation who acts on behalf of the Client and under the relevant legislation of the Jurisdiction in which the property is situated can conduct a Conveyancing Transaction.

Representative Agent means a person authorised by a Representative to act as the Representative’s agent including to sign the Client Authorisation.  For the avoidance of doubt this can include an Identity Agent if so authorised.

Specific Authority means an authority for the Representative to act for the Client in completing the Conveyancing Transactions described in this Client Authorisation.

Standing Authority means an authority for the Representative to act for the Client as described in this Client Authorisation for the period of time set out in this Client Authorisation.

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Signature Certificate
Document name: PEXA - COI TEST*
lock iconUnique Document ID: 020ad2b8267291bbb92c339e70f0415b2be08ab5
Timestamp Audit
June 5, 2019 1:28 pm AESTPEXA - COI TEST* Uploaded by bytherules Conveyancing - it.support@bytherules.com.au IP 180.190.115.62