11-10-2019 11:30 AM
There have recently been quite a few Members querying if settlement is to occur via PEXA, does the Power of Attorney (POA) still need to be registered with Titles or is the Verification of Identity (VOI) on the Attorney and a copy of the POA sufficient?
The Participation Rules outline that the following requirements:
In some instances, the power of attorney may not be required to be registered – for specific advice please refer to the Land Registry.
11-10-2019 12:51 PM
Thanks Morvanna, that agrees with my own inquiries with the Titles Registry and answers a question that is otherwise not immediately apparent.
Even though not a requirement, for an incoming proprietor I would also like to see some identity documents for the client (in addition to VOI of the client agent) to make sure that the names being registered are the legal name of the client.
11-10-2019 01:09 PM
Thanks for sharing this Steve. I am sure other members will greatly appreciate you passing on this information so they can ensure they follow the correct processes when a POA is involved.
22-07-2020 12:18 PM
I queried the Qld Titles Office regarding this issue and in particular the inclusion of "[registered]" in item 6 of Schedule 8 of the current Queensland Participation Rules. My conclusion from the response (of 29/6/2020) which I will paste below is that it does not need to be registered.
Telephone: 1300 255 750
GPO Box 1401, Brisbane QLD 4001
Dear Mr Morgan
I refer to your email of 23 June 2020 seeking clarification as to the square brackets around the word ‘registered’ in item 6 of Schedule 8 of the current Queensland Participation Rules.
It is the understanding of this office that the square brackets signify that the Power of Attorney, from which the Identity Verifier must confirm the details of the Attorney and the Donor, may or may not be registered given the particular circumstances of the Conveyancing Transaction. For example, the Power of Attorney may have been registered if paper instruments executed under the same Power of Attorney have been, or may be lodged with the Queensland Titles Registry for registration.
It is also noted that the requirements for registration of a power of attorney differ between the various Australian jurisdictions.
I hope the above information is of assistance to you.
Department of Natural Resources, Mines and Energy