Land Title Practice Manual

48 Execution Under Seal

In This Volume

  • 48 (1) In the case of an instrument executed under seal by an individual, whether on the individual’s own behalf or as the attorney for the transferor, the signature of the officer witnessing the execution is, in addition to any other certification evidenced by his signature, a certification by the officer that the individual appeared before the officer and acknowledged that
  • (a) the individual affixed the individual’s seal to the instrument, or
  • (b) if the individual is acting under a power of attorney, the individual affixed the individual’s seal to the instrument and was authorized by the transferor to do so.
  • (2) In the case of an instrument executed under the seal of a corporation, whether on its own behalf or as the corporate attorney of the transferor, the signature of the officer witnessing the execution is, in addition to any other certification evidenced by the officer’s signature, a certification by the officer that the individual who signed the instrument as the authorized signatory appeared before the officer and acknowledged that
  • (a) the individual affixed the corporate seal of the transferor to the instrument and was authorized to do so, or
  • (b) in the case of a corporate attorney, the individual affixed the corporate seal of the attorney to the instrument and was authorized to do so.

1979-219-48; 1989-69-4, effective April 1, 1990 (B.C. Reg. 53/90); 2023-10-448.

FORMS

Use of Seal

See Completion Instructions for Hardcopy Transfer Forms (at https://ltsa.ca/completion-instructions-for-hardcopy-transfer-forms/), which stipulates that a seal must not obliterate any part of the document or a signature.

PRACTICE

Use of Wax Seal

Wax seals are not capable of being microfilmed or scanned, and the registrar rejects documents to which wax seals are affixed. See s. 168(2)(a)(v) of the Act.

Use of “Chinese Chop” for Signature

If the transferor uses a “Chinese chop” for a signature, the registrar accepts it as the mark of the transferor so long as an officer certifies the execution.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Deed Executed by Attorney under Seal

See s. 7 of the Power of Attorney Act, which provides:

  • 7 A deed executed by an attorney under the seal of the attorney on behalf of a donor, whether an individual or corporation,
  • (a) is binding on the donor if it comes within the scope of the attorney’s authority, and
  • (b) is of the same effect as if it were under the seal of the donor.

Corporations Need Not Execute under Seal for Land Title Purposes

See s. 165(4) and (5) of the Act in chapter 10 (Land Title Act Part 10 (ss. 147 to 168)—Applications for Registration and Evidence in Support) and s. 16 of the Property Law Act in chapter 55 (Property Law Act, R.S.B.C. 1996, c. 377).

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, paras. 236, 275, and 292, and vol. 2, para. 356, regarding deeds executed by an attorney under seal.