A&I form created in Landonline
- Can I complete the A&I form in Landonline? read answer...
- Why hasn't some of the information needed to complete the A&I form been entered into the document? read answer...
- I created an A&I form within Landonline but now can't find it read answer...
- What do I do if I am unable to save the A&I form to my computer? read answer...
A&I forms and Trusts
- Who needs to sign the A&I form for a Trust when the Trust is made up of private individuals and a trustee company? read answer...
- What do I need for a change of trustee or addition of trustee? read answer...
- Three of the trustees have signed the A&I form but I now realise there are four trustees in total. I have already submitted the dealing. What should I do? read answer...
- What A&I's are required for a change of trustees (i.e. A,B & C to A,B & D)? read answer...
Signing A&I forms
- Who signs the A&I form if the company that owns the title is in liquidation? read answer...
- Who signs the A&I form when the client is an undischarged bankrupt? read answer...
- Which A&I form is used and who is responsible for signing for a society? read answer...
- Does the A&I need to be notarised if signed overseas? read answer...
- Who in the TA needs to sign the A&I form? read answer...
A&I required?
- What is needed for a mortgage? read answer...
- I have submitted an e-dealing without first getting an A&I form completed… what should I do? read answer...
- Do you need an A&I form to discharge a mortgage where the mortgagee is a government department? read answer...
- Is an A&I form required for a 'Withdrawal of Notice of Claim' e-dealing? Or would a signed withdrawal of claim form be sufficient? read answer...
- Can I put a husband and wife on the same A&I form? read answer...
- When the ASP was signed, it listed the purchasers as well as 'or nominated agent'. A&I was signed with purchaser's name but purchaser now has changed his mind and wants the 'or nominated agent' to become the owner. Surely I don't have to do another A&I as ASP already has 'or nominated agent' on it. read answer...
- Do I need a separate A&I for each instrument or can I use one A&I for all the dealing (e.g. Discharge, Transfer and Mortgage)? read answer...
- Is an A&I required from a solicitor who is party to the transaction and certifying the e-dealing and can that solicitor verify the identity of other parties in the transaction? read answer...
- Does the client need to sign an A&I for a bank discharge? read answer...
- Can two or more proprietors sign the same A&I? read answer...
- How many A&I forms are required for a transmission? read answer...
- Discharge of Profit a Prendre - do you need an A&I? read answer...
- When is an A&I required by the Territorial Authority (TA)? read answer...
- What type of A&I form is required from a TA? read answer...
- What instruments need an A&I form? read answer...
Client id and witnessing
- Can only a lawyer witness an A&I? read answer...
- The title is currently in the client's married name. She is now going by her maiden name. What forms need to accompany the A&I form for transfer of title? read answer...
- The client's ID has a different or abbreviated version of their name than exists on the title. read answer...
- My client is signing an A&I form today but in the future, the purchaser listed on the A&I form may change to a nominee trust or company. What should I do? read answer...
- What do you do if your client's name doesn't match their driver's licence when they come in to sign the A&I form, i.e. their driver's licence is in their maiden name. read answer...
- If the property vendors have since changed their name by deed-poll, is it OK to just change the name on the A&I form? read answer...
- The A&I form has been sent out of office to the client and, on return of the A&I form, the Proof of Identity provided has expired. What is best practice? read answer...
- Why does the date on a photo ID have to be valid when it is obviously that person? read answer...
- A client refuses to provide ID and signs a statutory declaration each time, can we accept this? read answer...
A&I form created in Landonline
Can I complete the A&I form in Landonline?
Yes, the A&I form can be completed within Landonline. The screen is accessed by using the A&I button situated on the Create Dealing screen. Once in this screen you can select the type of A&I form you require. It is advisable to prepare the instruments in the dealing first as details from those instruments will be pulled through to populate the A&I form. These can be amended within the form if necessary. The form then needs to be printed and signed in the normal way.
Why hasn't some of the information needed to complete the A&I form been entered into the document?
Only information held within Landonline will pre-populate the newly created A&I form. Extra information can be added manually into the document before printing or saving it to your own computer.
I created an A&I form within Landonline but now can't find it.
If you use Landonline to create and pre-populate an A&I form you will need to either print the form or save it to your own computer. The completed form will not be saved in Landonline and therefore is not available at a later date unless saved onto your own computer.
What do I do if I am unable to save the A&I form to my computer?
Use the process you had in place prior to Release 2.10. The functionality to generate an A&I form within e-dealing was only introduced as an alternative option. We recommend that firms complete an A&I form with their clients as soon as reasonably possible.
Further information regarding New Zealand Law Society guidelines can be found on the NZLS website.
A&I forms and Trusts
Who needs to sign the A&I form for a trust when the trust is made up of private individuals and a trustee company?
Authorisation must be obtained from each registered owner, including the trustee company. As the certifications are different between a private individual and a corporate, separate A&I forms must be used.
What do I need for a change of trustee or addition of trustee?
An A&I form is required from all transferors and all transferees. If a party is both a transferor and transferee, one A&I form, listing both roles, is sufficient.
Three of the trustees have signed the A&I form but I now realise there are four trustees in total. I have already submitted the dealing, what should I do?
Obtain a properly completed A&I form from the fourth trustee as soon as possible. Failure to obtain and hold such authority is a very serious issue and may result in revocation of e-dealing certification rights.
What A&I's are required for a change of trustees (i.e. A,B & C to A,B & D)?
One A&I form can be used for a person (if the person is both transferor and transferee) as long as this information is included in the A&I description.
Signing A&I forms
Who signs the A&I form if the company that owns the title is in liquidation?
The liquidator signs the A&I form. Note that a document purporting to be executed by a liquidator must state in a prominent position that the company is in liquidation – see s259 Companies Act 1993 – and should contain a recital referring to the publication in the NZ Gazette of notification of the appointment of the liquidator or attach a copy of order to the A&I.
Who signs the A&I form when the client is an undischarged bankrupt?
The lawyer must deal with the official assignee in such circumstances. The options are to have the client sign the A&I and modify the form to show that the client is an undischarged bankrupt, attaching consent from the official assignee. Alternatively, the official assignee may sign the A&I form directly but a copy of the appointment of the official assignee must be attached to the A&I form. (Guideline M of the NZLS e-dealing Guidelines.)
Which A&I form is used and who is responsible for signing for a society?
The Private Corporate A&I form (with any necessary modifications) is the most appropriate.
The person authorised to sign on behalf of the society according to its rules and any governing statutory requirements should sign the A&I (i.e. the same person who would have signed for the society in the paper environment).
Does the A&I need to be notarised if signed overseas?
No, as the A&I form is not a Land Transfer Act document. Anyone can witness an A&I if they are acceptable to the solicitor certifying the dealing. If it is a new client, consideration should be given to having it witnessed by a solicitor or JP etc.
Who in the TA needs to sign the A&I form?
The council officer who would have signed the paper instrument (Authorised Signatories).
A&I form required?
What is needed for a mortgage?
An A&I form is required from the mortgagor as well as an A&I form or letter of instruction from the mortgagee.
I have submitted an e-dealing without first getting an A&I form completed... what should I do?
Obtain a properly completed A&I form as soon as possible. Failure to obtain and hold such authority is a very serious issue and may result in revocation of e-dealing certification rights. The A&I form can be completed in Landonline at any time. It is recommended that all the relevant instruments have been prepared first.
Do you need an A&I form to discharge a mortgage where the mortgagee is a government department?
No. A properly executed discharge document in the traditional form will suffice as evidence of authority for the discharge. A government department falls within the category of 'institutional chargeholder' in the NZLS e-dealing Guidelines.
Is an A&I form required for a 'Withdrawal of Notice of Claim' e-dealing? Or would a signed withdrawal of claim form be sufficient?
Most Notices of Claim are lodged by private individuals and, as such, they would generally need to have an A&I form to withdraw. The exception would be a corporate 'institutional chargeholder'.
Can I put a husband and wife on the same A&I form?
Yes - both parties would need to be separately identified but both can be on the same form.
When the ASP was signed, it listed the purchasers as well as 'or nominated agent'. A&I was signed with purchaser's name but purchaser now has changed his mind and wants the 'or nominated agent' to become the owner. Surely I don't have to do another A&I as ASP already has 'or nominated agent' on it.
An A&I in the name of the transferee is preferable but if 'or nominee' is included on the A&I and there is evidence of the nomination then a new A&I is not required. Evidence would include a copy of a letter or email confirming the nomination or Sale Notice noting the correct names.
Do I need a separate A&I for each instrument or can I use one A&I for all the dealing (e.g. Discharge, Transfer and Mortgage)?
The A&I can be used to authorise a combination of instruments, provided these matters are clearly set out in the form.
Is an A&I required from a solicitor who is party to the transaction and certifying the e-dealing and can that solicitor verify the identity of other parties in the transaction?
An A&I is not required from the solicitor if they are certifying on their own behalf (i.e. they are a party to the transaction). It would be prudent to document this with a file note.
If the solicitor certifying is a party to the transaction then the solicitor cannot complete the proof of identity section for the other parties to the transaction. This is analogous to not being able to witness a paper transfer that you are a party to.
Does the client need to sign an A&I for a bank discharge?
No, as the discharge from the bank is sufficient authority. It may be included in the A&I with the other instruments to give the client the 'full picture' but it is not mandatory. (It is acceptable for the bank discharge to be by way of letter or even an email. Refer to NZLS Guideline Q.) All 'non institutional' mortgagees (e.g. private individuals) must sign an A&I for a discharge.
Can two or more proprietors sign the same A&I?
Yes. If there are multiple signatories who are in different locations it may be more expedient to have separate A&Is signed. If so, it assists subsequent tracking to note that the A&I is one of two forms for that dealing.
How many A&I forms are required for a transmission?
An A&I form is required from the applicant/s. If there is more than one applicant, they can be included on one A&I form.
Discharge of Profit a Prendre - do you need an A&I?
A Profit a Prendre can be surrendered, merged or removed by court order.
A Surrender of a Profit a Prendre (SPP) is an image only instrument requiring certifications and an A&I form is required from the relevant parties.
When is an A&I required by the Territorial Authority (TA)?
For instruments that are to be registered by a Conveyancer or Solicitor on behalf of a TA.
What type of A&I form is required from a TA?
A Public Corporate A&I form.
What instruments need an A&I form?
An A&I form needs to be completed for certain electronic instruments. In general terms these instruments include:
- Any instruments under the Land Transfer Act 1952
- An instrument making changes to the Certificate of Title
- Changes to reserve status of land
- Easements
- Consents
- Building Act - hazards
- Release 3.1 e-capable instruments
Client id and witnesssing
Can only a lawyer witness an A&I?
Anyone can witness an A&I as long as the lawyer who is certifying the dealing is comfortable that the witness will have completed all the necessary checks noted on the A&I and they are not a party to the transaction themselves (eg. when a solicitor is one of the trustees).
The title is currently in the client's married name. She is now going by her maiden name. What forms need to accompany the A&I form for transfer of title?
A copy of the client's marriage certificate (or other reliable evidence to reconcile the name discrepancy) should be held with the A&I form. A statement reconciling the name discrepancy should also be included in the A&I form.
If the client has authorised a mortgage or some other transaction in her maiden name, and she will be remaining on the title, then lodge a change of name application and hold an A&I form and other documentation as set out in LINZG20704 Guideline for making application to change or correct names on the Register - (PDF 274KB)
The client's ID has a different or abbreviated version of their name than exists on the title.
If the difference is significant or there is any uncertainty as to whether the ID produced corresponds to the name on the title, further evidence should be obtained and a statement reconciling the name discrepancy should be included in the A&I form.
My client is signing an A&I form today but in the future, the purchaser listed on the A&I form may change to a nominee trust or company. What should I do?
If the purchaser wishes to transfer it to a trust or company in the future, A&I form/s will have to be obtained for that as a separate transaction.
What do you do if your client’s name doesn’t match their driver’s licence when they come in to sign the A&I form, i.e. their driver’s licence is in their maiden name.
If the difference is significant, or there is any uncertainty as to whether the ID produced corresponds to the name on the title, further evidence should be obtained and a statement reconciling the name discrepancy should be included in the A&I form.
If they married after their driver’s licence was issued, include a copy of the marriage certificate with the A&I form.
If the property vendors have since changed their name by deed-poll, is it OK to just change the name on the A&I form?
A copy of the evidence of the name change (or other reliable evidence to reconcile the name discrepancy) should be held with the A&I form. A statement reconciling the name discrepancy should also be included on the A&I form.
If the client has authorised a mortgage or some other transaction in their prior name, and they will be remaining on the title, then lodge a change of name application and hold an A&I form and other documentation as set out in LINZG20704 Guideline for making application to change or correct names on the Register - (PDF 274KB)
The A&I form has been sent out of office to the client and, on return of the A&I form, the Proof of Identity provided has expired. What is best practice?
An expired ID cannot be considered to be a valid ID.
You would need to go back to the client and ask for current Proof of Identity to be supplied, or follow another process as set out in LINZS20002 Standard for verification of identity for registration under the Land Transfer Act 1952.
Why does the date on a photo ID have to be valid when it is obviously that person?
For an official form of government ID to be valid for its purpose of identifying the holder, it has to be current, as shown by its expiration date.
If a client only has a government ID that has expired then the requirements for verification in the absence of photo ID will apply (4.2 of LINZS20002 Standard for verification of identity for registration under the Land Transfer Act 1952).
A client refuses to provide photo ID and signs a statutory declaration each time, can we accept this?
If they follow the requirements of LINZS20002 Standard for verification of identity for registration under the Land Transfer Act 1952 that will be acceptable.