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In This Volume

  • 44 In the case of an instrument that is executed by a corporation, the signature of the officer witnessing the execution is a certification by the officer that
    • (a) the individual who executed the instrument for the corporation appeared before and acknowledged to the officer that
      • (i) the individual is an authorized signatory of the corporation,
      • (ii) the individual and any other individual who executed the instrument for the corporation were authorized by the corporation to execute the instrument, and
      • (iii) the corporation existed at the time the instrument was executed and is legally entitled to hold and dispose of land in British Columbia, and
    • (b) the signature witnessed by the officer is the signature of the individual who made the acknowledgement.
  • (2) A corporation must execute an instrument by its authorized signatory who must, on behalf of the corporation, sign his or her name to the instrument.
  • (3) In the case of an instrument executed for a corporation by more than one authorized signatory, only the signature of one authorized signatory is required to be witnessed in accordance with this Part.

1979-219-44; 1989-69-4, effective April 1, 1990 (B.C. Reg. 53/90); 2016-5-39, Sch. 1.

FORMS

Execution Item

See the requirements for the execution item under the “Forms” heading for s. 43 of the Act.

Forms of Officer Certification for Corporate Transferor

EXAMPLE: Corporate Transferor

PRACTICE

Scheme of Officer Certification

The same basic scheme as described for s. 43 of the Act applies to officer certification of execution by a corporation with the necessary adjustments. A seal is no longer required for land title purposes (see s. 16 of the Property Law Act, R.S.B.C. 1996, c. 377 in this Manual).

Only One Authorized Signatory Needs to Be Certified

Under s. 44(3) of the Act, only one authorized signatory needs to execute on behalf of a corporation. However, where more than one authorized signatory for a corporation executes an instrument, the officer need only certify one of the signatures.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Instrument Executed by Corporation Conclusively Deemed to Be Properly Executed

See s. 165(4) of the Act.

Officer’s Signature Sufficient Evidence Corporation Existed When Instrument Executed

See s. 165(5) of the Act and (Transferors and Transferees—Proof of Existence and Execution of Instruments) in this Manual regarding the execution of instruments. The registrar verifies that the corporation existed at the time of execution.