Implementing Guidelines on the Search of Registered Notices Involving Security Interests on Personal Properties

On March 31, 2022, the Land Registration Authority (LRA) released Circular No. 16-2022 which provides for the guidelines on the search of registered notices involving security interests on personal properties

 

The guidelines provide that any person may submit a search request provided that:

1. They have created a user account in accordance with LRA Circular No. 11-2011;
2. They provide the prescribed parameters;
3. They have paid the prescribed fees.

 

Without these mandatory details, the Registry shall refuse a Search Request. Additionally, the Registry shall only provide results which exactly match the information provided.

 

In line with the Personal Property Security Act, the search result shall contain the:

 

1. Grantor’s identification number or vehicle serial number;
2. Registration number, date, and time of registration;
3. All of the information contained in the notice.

 

Users shall input the required search parameters based on the following search types:

 

1. Grantor;
2. Notice Registration Number; and
3. Collateral details.

 

The Notice Registration Number shall be used to search for a terminated notice but the results shall not show the details of the notice. It shall only indicate the basic information of:

 

1. Notice Registration Number;
2. Notice Registration Date;
3. Term start date (optional);
4. Term end date;
5. Related notices; and
6. Status indicating that the notice has been terminated.

 

With respect to collaterals, they must be searchable by its unique identification code.

 

After conducting searches, users may request for a Certified Search Report after providing the recipient’s name, email address, and mobile number, and paying the assessed fees.

 

The following details shall be reflected in the Certified Search Report:

1. Search Summary

a. Search Transaction Number;

b. Search Transaction date and time;

c. Result date and time;

d. Search type;

e. Search criteria; and

f. Count of notices found.

 

2. Search Report Summary:

a. Notice Registration Number;

b. Registration Type;

c. Registration date and time;

d. Registered by;

e. Notice status; and

f. Term ending date and time.

 

These Certified Search Reports may be issued upon request and shall serve as official records of the Registry and are admissible as evidence in judicial proceedings without extrinsic evidence of its authenticity. They shall also be used as official documentation of when the date and search time was conducted.

 

As regards chattel mortgages and personal properties previously registered in the Chattel Mortgage Registry, LRA clients are advised to inquire with the Registry of Deeds concerning the searching of deeds and instruments registered prior to the implementation of the Registry.

 

The full circular can be accessed here.