74088 Unincorporated bodies
Bulletin information:
Issue Date: December 30, 1974
Legislation: Registry Act R.S.O. 1970 Chapter 409 Section 44(2)
Bulletin content:
Section 44(2) of The Registry Act provides that "an instrument executed on or after the 1st day of July, 1964, shall not be registered unless every grantee thereunder, other than a corporation, is described by his surname and by at least one given name in full".
Please note that a deed or mortgage is not acceptable for registration if the grantee or mortgage is described only by the name of an unincorporated company, association or club. A registration of the name of the unincorporated body under The Partnerships Registration Act has no bearing on this requirement.
If an unincorporated body wishes to acquire land or holds a mortgage, the names of the individuals who comprise the body or of trustees for the body must be set out in the deed or mortgage. For example, there is no prohibition against the registration of lands in the names of "William Green and John Black, carrying on business in partnership as Green and Black Developments Company". Your attention to the enforcement of section 44(2) is requested.
Original signed by:
Richard E. Priddle, Director of Land Registration