Registrar General Act (Cap. 19:03)

REGISTRAR GENERAL ACT CHAPTER 19:03 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Act 49 of 1921 Amended by 31 of 1922 3 of 1933 14 of 1935 19 of 1939 12 of 1974 8 of 1977 45 of 1979 51/1980 *24 of 1981 10 of 1986 6 of 1993 3 of 1994 70 of 2000 7 of 2003 *See Note on Amendment at page 2 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–10 .. 1/2006 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 2 Chap. 19:03 Registrar General Note on Subsidiary Legislation This Chapter contains no subsidiary legislation. Note on Amendment This Act has been amended by Act No. 24 of 1981. However, Act No. 24 of 1981 had not, up to the date of the last revision of this Act, been brought into operation. Note on Adaptation Certain fees in this Chapter were increased by the Commission under paragraph 4 of the Second Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal reference in the form normally indicating an amendment is made to LN 51/1980 (the Legal Notice by which the President’s approval was signified). MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Registrar General Chap. 19:03 3 CHAPTER 19:03 REGISTRAR GENERAL ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Registrar General. 3. Exercise of powers of Registrar General. 4. Indexes. 5. Searches. 6. Examination of documents and certified copies. 7. Fees. 8. Fee Book. 9. Office hours. 10. Rules. SCHEDULE. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 4 Chap. 19:03 Registrar General CHAPTER 19:03 REGISTRAR GENERAL ACT An Act relating to the Registrar General. [10TH NOVEMBER 1921] 1. This Act may be cited as the Registrar General Act. 2. (1) There shall be a Registrar General and one or more Deputy Registrars General, and one or more Assistant Registrars General. (2) The office of the Registrar General, the office of a Deputy Registrar General and the office of an Assistant Registrar General shall be public offices. (3) The Registrar General shall have an official embossing seal with the words “Registrar General Trinidad and Tobago” upon it. 3. (1) Whenever by any law for the time being in force in Trinidad and Tobago anything is appointed to be done by the Registrar General, it may, in the absence of express provision to the contrary, be lawfully and for all purposes effectually done by a Deputy Registrar General or by an Assistant Registrar General or any officer of the Registrar General’s Department authorised in writing by the Registrar General personally. (2) The Registrar General and every Deputy Registrar General and every Assistant Registrar General shall be ex officio Commissioners of Affidavits under the Commissioners of Affidavits Act. (3) The Registrar General may, in the instrument whereby authority is given under subsection (1) to any officer— (a) require that such authority shall be exercised in accordance with the general or specific directions of the Registrar General; 1950 Ed. Ch. 28 No. 1. 49 of 1921. Commencement. Short title. Registrar General. [8 of 1977]. Exercise of powers of Registrar General. [8 of 1977 45 of 1979]. Ch. 6:52. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Registrar General Chap. 19:03 5 (b) specify the period for which such authority shall be valid, so, however, that any such period may be extended from time to time and any authority given under this section may be revoked at any time. (4) Any thing signed by any officer to whom authority is given under this section shall be as valid and effectual as if it were signed by the Registrar General. (5) Notice of every authority given under this section and of every extension thereof or the revocation thereof shall be published in the Gazette but failure so to publish notice of the giving or extending of such authority shall not affect the validity of the authority conferred or any extension thereof, as the case may be. 4. (1) The Registrar General shall keep four separate and distinct indexes of— (a) Deeds; (b) probates of Wills and Letters of Administration; (c) judgments, decrees, orders and rules; and (d) memoranda of lis pendens. (2) The Registrar General shall cause— (a) every Deed registered with him to be entered in the Index of Deeds under the letter of the alphabet corresponding with the initial letter of the surname of each person named as a party to such Deed, with the given names and the surnames at full length of all persons named as parties to such Deed; (b) every Will registered with him to be entered in the Index of Probate of Wills and Letters of Administration under the letter of the alphabet corresponding with the initial letter of the surname of the testator, together with the given names and the surnames at full length of such testator; Indexes. [8 of 1977 45 of 1979 70 of 2000]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 6 Chap. 19:03 Registrar General (c) every grant of Letters of Administration registered with him to be entered in the Index of Probates of Wills and Letters of Administration under the letter of the alphabet corresponding with the initial letter of the surname of the intestate together with the given names and surname at full length of such intestate; (d) every judgment, decree, order and rule registered with him to be entered in the index of judgments, decrees, orders and rules under the letter of the alphabet corresponding with the initial letter of the surname of every person whose estate is intended to be affected by such judgment, decree, order or rule, with the given names and surname at full length of every such person; (e) every memorandum of lis pendens registered with him to be entered in the Index of Memoranda of lis pendens under the letter of the alphabet corresponding with the initial letter of the surname of every person whose estate is intended to be affected by such lis pendens, with the given names and surname at full length of every such person and a description of the property thereby affected. (3) The Registrar General shall keep a separate index of all Deeds of gift and settlements registered with him, and he shall continue to keep in their present form, or in such other form as may be prescribed, the separate indexes now known respectively as the “Town Books” and the “Country Books”. (4) The Registrar General shall also keep such other books, indexes, photographic film reproductions and other records as may be— (a) required to be kept by rules made under this Act or by any other written law; (b) directed to be kept by the Minister; (c) necessary or expedient for giving effect to any written law or generally for the efficient discharge of his functions. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Registrar General Chap. 19:03 7 (5) The records, documents and indexes required to be kept and maintained by the Registrar General under this Act may also be kept and maintained in an electronic system. 5. All persons shall have access to and be permitted to search all indexes of Deeds and other books and documents in the office of the Registrar General and also to inspect, examine and take notes or extracts from any such Deeds, books or documents on payment of the prescribed fee. 6. All persons may examine and peruse all Deeds and certified copies of Wills registered in the office of the Registrar General, and the Registrar General shall, on the request of any person, cause to be made and delivered to such person a true and correct copy certified under his hand of any such Deed or Will on payment of the prescribed fee. 7. The Registrar General is entitled to charge the fees specified in the Schedule. 8. The Registrar General shall keep at his office a book in which he shall enter or cause to be entered, from day to day, all fees received by him, and the names of the persons from whom, and the service or duty for which, such fees respectively shall have been received, and on the expiration of each month shall sign his name at the end of the entries made during such month in proof of the correctness of such entries. 9. (1) The office of the Registrar General shall be kept open for transaction of business by the public, between the hours of eight thirty in the morning and three fifteen in the afternoon except on Saturdays, Sundays and Public Holidays. (2) Notwithstanding subsection (1), the Registrar General— (a) shall not accept payment for any transaction after three o’clock in the afternoon except where a Searches. Examination of documents and certified copies. Fees. Schedule. Fee Book. Office hours. [70 of 2000 7 of 2003]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 8 Chap. 19:03 Registrar General member of the public desirous of transacting such business was in the office at the said three o’clock; (b) may with the approval of the Minister by notification published in the Gazette and at least one daily newspaper in circulation in Trinidad and Tobago— (i) close the Office of the Registrar General for the transaction of business on any working day; or (ii) alter the length of the period referred to in subsection (1) for the transaction of business on any working day. 10. (1) The Registrar General may with the approval of the Minister to whom the responsibility for the Registrar General’s Department is assigned, make Rules— (a) for the management of the office of the Registrar General, including the registers, plans, instruments and other books, documents and records to be kept and conferring on the Registrar General such powers as may be considered necessary for carrying out the provisions of any law relating to the duties of the Registrar General; (b) prescribing the minimum and maximum dimensions of instruments tendered for registration; (c) respecting the quality of writing and material used in instruments tendered for registration; (d) prescribing forms and providing for their use; (e) governing the making and keeping of registers and indexes; (f) prescribing methods and standards of recording by photographic film and providing for the storage thereof; (g) respecting the admission of the public to the use of the records in the office of the Registrar Rules. [8 of 1977 70 of 2000]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Registrar General Chap. 19:03 9 General, and the conduct of searches and the making and certifying of copies and extracts in the office of the Registrar General; (h) respecting the quality, colour and size of paper in which documents may be submitted; (i) respecting the quality, colour of paper and dimension of plans that may be submitted; (j) respecting the submission of documents together with cover sheets obtainable from the Registrar General signed by the Attorneys-at-law presenting documents for registration; (k) respecting the size of the paper in which the Registrar General may issue certificates; (l) respecting any matters necessary or advisable to carry out effectively the intent and purpose of this Act. (2) Rules under subsection (1) may provide that any person contravening any provision thereof shall be liable on summary conviction to a penalty of one hundred dollars. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 10 Chap. 19:03 Registrar General (a) standard fee for all documents registered as a Deed … (b) other documents, e.g., lis pendens, judgments, charges, Bills of Sale and releases thereof not registered as a Deed ... (c) search per day of general index … … … (d) search of single index … … … … (e) examining any single Deed or other document … … (f) for a search conducted by the Registrar General in addition to (d) and (e) above … … … … … (g) for a copy of each page of document … … … (h) to certify such a copy … … … … (i) other certificates … … … … … (j) each attendance in Court … … … … PART B (a) general search per day otherwise than in the electronic system … … … … … … (b) search of a single index, Town or Country Book otherwise than in the electronic system … … … … (c) examination of any Deed or other document otherwise than in the electronic system … … … … Section 7. [70 of 2000]. $100.00 $50.00 $50.00 $10.00 $10.00 $50.00 $2.00 $5.00 $50.00 $100.00 $10.00 $5.00 $5.00 SCHEDULE PART A MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011