Land Title Practice Manual

46 Witnessing—corporate Power Of Attorney

In This Volume

  • 46 (1) In the case of an instrument that is executed by a corporation acting under a power of attorney, the signature of the officer witnessing the execution is a certification by the officer that
    • (a) the individual who executed the instrument for the corporate attorney appeared before and acknowledged to the officer that
      • (i) the individual is an authorized signatory of the corporate attorney,
      • (ii) the individual and any other individual who executed the instrument for the corporate attorney were authorized by the corporate attorney to execute the instrument,
      • (iii) the corporate attorney is the attorney of the transferor under a subsisting power of attorney,
      • (iv) if the transferor is an individual, the individual executing the instrument for the corporate attorney had, at the time the instrument was executed, no knowledge of the death or bankruptcy of the transferor, or of the revocation of the power by the transferor, and
        • (A) if the power of attorney is not an enduring power of attorney, the individual had, at that time, no knowledge of the mental infirmity of the transferor, or
        • (B) in the case of an enduring power of attorney, the individual had, at that time, no knowledge of the suspension or termination of the authority of the corporate attorney under any enactment,
      • (iv.1) each change to the authority of an attorney under an enduring power of attorney has been filed with the registrar under this Act or a copy, certified under section 51(4) as a true copy of those changes, has been filed, and
      • (v) if the transferor is a corporation, it is legally entitled to hold and dispose of land in British Columbia and, at the time the instrument was executed, the corporation existed and the individual had no knowledge of the bankruptcy of the transferor or of a revocation of the power by the transferor, and
    • (b) the signature witnessed by the officer is the signature of the individual who made the acknowledgement.
  • (2) A corporate attorney must execute an instrument in accordance with section 44(2) and must indicate on the instrument that the corporation is the attorney of the transferor.

1979-219-46; 1989-69-4, effective April 1, 1990 (B.C. Reg. 53/90); 2007-34-87, effective September 1, 2011 (B.C. Reg. 14/2011); 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 Attorney

EXAMPLE: Execution by Corporate Attorney

PRACTICE

Scheme of Officer Certification

The same scheme described for s. 44 of the Act applies to officer certification of execution by a corporate signatory on behalf of a corporate attorney acting under a subsisting power of attorney, with the appropriate acknowledgments pertaining to the validity of the power of attorney. See also the practice notes applicable to attorneys under the “Practice” heading for s. 45 of the Act.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

For use of Power of Attorney, see the “Cross References and Other Sources of Information” heading under s. 45 of the Act.