Create a Nomination - VIC | Help Centre

EmilyBilling · ‎02-06-2016

Last updated: 5 September 2019
Jurisdiction: VIC
Additional Resources: Help Card

Overview

The next phase in the transition to 100% digital is underway in Victoria with conversion of paper certificates of title to electronic (eCT) representing an important component of the e-Conveyancing framework.

Currently in a paper transaction, a paper Certificate of Title must be handed over at settlement and lodged together with other documents for a dealing to be registered on title. The equivalent process where the title is electronic include:

When the CT Controller nominates the eCT to the paper instrument in PEXA prior to settlement and/or lodgement, or
When you represent a Proprietor on Title in a PEXA Workspace, and the title in unencumbered.

As a result, a Nomination will need to be lodged in PEXA by the party holding the eCT (CT Controller) for a PEXA or Paper transaction. Below are instructions for lodging a Nomination to a Paper Instrument and lodging a Nomination for a PEXA transaction.

Steps

Create Nomination Document in a PEXA Workspace

When you represent a Proprietor on Title in a PEXA Workspace, and the title is unencumbered, you may be required to create a Nomination. If you are in possession of a paper certificate of title (pCT) or if you are in control of an electronic title (eCT), the Nomination is required to be lodged prior to settlement.

You may also be invited into a Workspace as CT Controller specifically to lodge the Nomination where the transaction is occurring in PEXA, and the title is a paper certificate of title (pCT) that you are in possession of.
Note: If the title is electronic (eCT) and you are named as CT Controller and you have a document in the workspace, then no nomination is required.

CHECK YOUR INVITATIONS

Click on Invitations.
You will see an invitation with the role of Proprietor on Title. Click View to view to details of the invitation.
Following the left hand column, review Land Titles and Participants (to confirm details are correct).

CREATE THE NOMINATION

Note: A Nomination should only be completed in a workspace once the registry document (e.g Transfer) has been created.

Select Documents from the left hand side navigation.
From the Create Document drop down menu, select Nomination.
The Nomination screen displays.Complete this screen as detailed below.
- In the Where are you authorising this title to be used? field, selectThis PEXA workspace to lodge your Nomination via PEXA.
  Note: Before selecting this option, ensure that the documentation for which you require nomination for (e.g. transfer, discharge of mortgage, or mortgage) has already been created in PEXA.
- In the Is the title currently paper? field, select Yes (The paper title (pCT) must be converted to eCT in VIC for the transaction to be completed in PEXA) or No (The CT is already in electronic format).
- In the Do you wish to retain control of the title after the transaction field select Yes (You hold the CT and want to retain CT control) or No (You are relinquishing Ct control and do not require it after lodgement/settlement.
  For example, your client has sold the property therefore will not require control of the eCT.
- Click Save.
  Verification is now automatically carried out between PEXA and the Land Registry for the Nomination and the Lodgement Instructions. PEXA will automatically refresh once information is received from the Land Registry and the Document Status will move to Prepared and Successful.

SIGN and lodge nomination

Once the Nomination and corresponding Lodgement Instructions are Prepared and Successful, you will be able to View and Sign the documents.

To view the documents:

From the Actions column select View to view the Lodgement Instructions and Nomination

To Sign the Documents:

From the Actions column select Sign to sign the Lodgement Instructions and Nomination

Note: the Nomination will automatically lodge with the land registry after signing.

Create Standalone Nomination Document for a Paper Instrument

Nominations provide permission for a party or parties to transact with a land title and is created and lodged by the party holding control the Certificate of Title.

To create a standalone Nomination document, the Workspace must be created in the role of CT Controller (VIC).

Note: A standalone Nomination is created in PEXA where a transaction is occurring in Paper and the Certificate of Title is electronic.

Create the workspace in the role of the CT controller

From the Dashboard, click Create New Workspace.
Complete Workspace Details.
Select the Jurisdiction (VIC);
Select the Representative Role (CT Controller);
Enter the Land title reference and click Validate;
Enter Subscriber Workspace Reference;
There is no Financial Settlement;
If applicable, select the relevant Workgroup;
Click Save.
Following the left hand column, review Land Titles and Participants (to confirm details are correct).

create, VIEW AND SIGN THE nomination

Select Documents from the left hand side navigation.
From Create Document pull down menu, select Nomination.
Click Create Document.
Select Nomination Document.

Complete the Document details

In the Where are you authorising this title to be used? field - This field will default to Paper Instrument. This is because there isn’t a lodgement case already in the Workspace.
In the Do you wish to retain control of the title after the transaction? field select Yes if you hold the eCT and want to retain CT control.
Select the relevant Document Type.
Click Add External Party (mandatory field).
Select the Party type.
Enter the Organisation type, Organisation identifier, ACN and Organisation name.
Click Confirm to save.
Click Save.

Verification is now automatically carried out between PEXA and the Land Registry for the Nomination and the Lodgement Instructions. PEXA will automatically refresh once information is received from the Land Registry and the Document Status will move to Prepared and Successful.

VIEW THE LODGEMENT INSTRUCTIONS AND NOMINATION

From the Actions column select View to view the Lodgement Instructions and Nomination

SIGN AND LODGE THE NOMINATION

From the Actions column select Sign to sign the Lodgement Instructions and Nomination

NOTE: the Nomination will automatically be lodged with the land registry after signing.

Issuing Instructions Implications

Do you wish to retain control of the title after the transaction?

If you select NO, you are able to select Issuing Instructions (how the title will issue - electronic or paper) in the Lodgement instructions of your lodgement case.
If I select YES, you cannot select Issuing Instructions for the related lodgement case. No participant can select Issuing Instructions as the CT Controller has selected to retain CT Control. Hence, if you select to retain CT Control, you have no issuing instructions.