Indexing Rules re Names – LR Documents
Policy
As a general rule, names will be indexed as they appear on the form. However, there are general rules that must be followed to ensure consistency and to ensure that the appropriate interest holder name is added to the parcel register.
NOTE:
Qualifiers: The following qualifiers must be used when applicable to show the capacity under which a person or entity holds an interest or to show alternate versions of a person's name;
Estate, Executor, In Care Of, Otherwise Known As, Owner Unknown, Personal Representative, and Trustees.
Typical examples of when these must be used are as follows:
when a person has been named as a personal representative of an estate - i.e. John Doe (personal representative) - Fee Simple
when a trustee has been named as a guardian for an owner - i.e. Public Trustee (Trustees) - Fee Simple
when a person is known by different variations of their name - i.e. Jane Smith (otherwise known as) - Fee Simple. When an OKA name is being added, there must be another version of this person's name being added or present in the parcel register, without a qualifier, such as Jane Doe - Fee Simple.
NOTE: the lawyer will determine which qualifier is appropriate for the interest being added.
Business Rules
1. Individual Names:
· Names that contain the word ‘and’ will be treated as two interest holders to be added as staff can assume with certainty that these are two distinct names that must be added. [i.e. John Smith and Mary Smith- Fee Simple would be deemed instruction to add two interest holders].
· Names in Brackets: When a name on the document shows an additional name in brackets such as William (John) Smith, it gives the appearance that the person is sometimes known as John. In this case, the form must reflect both names and cannot be entered on the form as shown above.
Staff will expect to see the following interest holders being added;
1) William Smith – Fee Simple
2) John Smith (Otherwise Known as) – Fee Simple
· Middle Names & Initials:
a) Where a middle name appears on a document, it must also appear on the form or at a minimum the same initial must be present.
Example: Document contains the name - “John Larry Doe"
Form is acceptable with either John Larry Doe or John L. Doe
Form is not acceptable with John Doe
b) Where a middle initial appears on the document, then a middle initial appears on the form.
Example: Document contains the name - "Jane M. Doe"
Form is acceptable with "Jane M. Doe"
Form is not acceptable with "Jane Mary Doe" or "Jane Doe"
· Designations: If any of the following designations appear on a document, it must also appear on the form; JR, SR, I, II, III, IV
Note: Staff will not add any other designations such as DR, REV, MR. or MRS. If they appear on the form, they will be ignored.
2. Company Names:
· Names that contain the word ‘and’ are to be treated as the addition of one interest holder name as staff cannot assume with certainty that these are two distinct names that must be added. [i.e. ABC Corporation and XYZ Corporation – Fee Simple will be deemed instruction to add one interest holder].
Exception: It has been confirmed by the Registrar of Joint Stocks that Xceed Mortgage Corporation and Xceed Funding Corporation are two distinct, separate entities. If this name is shown on the form (as noted above), with only one interest holder type then that would appear to be instruction to only add one name and will be rejected. The submitter must present this as two interest holders on the form, as follows;
o Xceed Mortgage Corporation – Mortgagee
o Xceed Funding Corporation – Mortgagee
· Names that include a French version: Company names that are being added on a form with both an English and French name, are only acceptable if the company is registered at the Registry of Joint Stocks (RJS) in that manner. As an example: If the interest holder name being added is Computershare Trust Company of Canada/Societe de Fiducie Computershare du Canada, the form will be rejected since it is registered as “Computershare Trust Company of Canada” with RJS. Staff will only check the RJS when a company name being added on a form includes the french version to determine if it is acceptable or not.
· “Carrying on Business as…” cannot be used as an interest holder’s name either on its own or as part of a name on a land registration parcel, (i.e. Joe Black and Mary Black carrying on business as Black’s U-Haul). In this example, the interest holders must appear as Joe Black and Mary Black.
Businesses or partnerships cannot hold title to land as a distinct entity in the sense that a body corporate can. The business or partnership name is simply a collective name for its members and the individual members or partners would be the title holders. Therefore, any instructions requesting the addition of the following types of interest holder names, will be rejected by staff;
o Carrying on Business as Black's U-Haul
o Joe and Mary Black carrying on business as Black's U-Haul
Partnerships and Limited Partnerships: cannot hold title to land as a distinct entity in the sense that a body corporate can. However, a general partner can hold title based on our interpretation of S 8 (3) of the Limited Partnership Act, which states:
General partner is registered owner of real property
8(3) Only the general partners shall be shown at the registry of deeds as owners of any interest of the limited partnership in real property
Some examples (highlighted/bolded name is the correct name to add);
Party named in document as:
Homburg L.P. Management Incorporated, General Partner of Homco Realty Fund (37) Limited Partnership
Cineplex Entertainment Corporation, as General Partner of Cineplex Entertainment Limited Partnership
With respect to recorded interests, such as a mortgagee interest, the lawyer must decide which name should be added to the parcel register. Using the ‘Homburg’ example above, the lawyer may choose to add both names, which is acceptable for a recorded interest.
CIBC Mortgages Inc, trading as Firstline Mortgages: Due to Firstline’s insistence on having the interest holder name appear in this fashion, the RG’s office determined in 2008 that we will accept either version of the name as follows:
CIBC Mortgages Inc
OR
CIBC Mortgages Inc., trading as Firstline Mortgages
3. Her Majesty the Queen / Government Departments:
The following are acceptable names for HMQ (based on the type of interest) that can be added to parcel registers for all government departments.
EXCEPTION: Boards, Agencies & Commissions can be shown by their current corporate name;
Example (Agency): Canada Revenue Agency
Example (Board): Nova Scotia Farm Loan Board
Example (Commission): Halifax Water Commission
However, if the lawyer chooses to use any of the HMQ naming conventions for an interest holder as noted below, that would also be acceptable.
a) Registered interest of HMQ
Two Entries Required - All entries for a registered interest must be shown as Her Majesty the Queen, branch of government (Provincial or Federal) together with a second entry identifying the department name with ‘In Care of’ as a qualifier (separated by brackets, dash, space, etc.). “Minister of” is not an acceptable entry.
The interest type for each entry must be ‘Interest of Her Majesty.’
First Entry:
Her Majesty the Queen in Right of the Province of Nova Scotia – Interest of Her Majesty
OR
Her Majesty the Queen in Right of Canada – Interest of Her Majesty
Second Entry:
Department of Environment – In Care Of – Interest of Her Majesty
OR
Environment - In Care of – Interest of Her Majesty
b) Recorded Interest of HMQ:
Choice of either 1 or 2 entries – See below for the acceptable variations that are permitted for a recorded interest of HMQ and the interest type would vary depending on the nature of the document;
Option 1 (One Entry):
Her Majesty the Queen, branch of government (Provincial or Federal) – applicable interest type; i.e;
Her Majesty the Queen in Right of the Province of Nova Scotia-applicable interest type
OR
Her Majesty the Queen, Province of Nova Scotia – applicable interest type
OR
Her Majesty the Queen in Right of Canada – applicable interest type
OR
Her Majesty the Queen, Canada – applicable interest type
Option 2 (One Entry):
Her Majesty the Queen, branch of government (Department Name) - applicable interest type - i.e;
Her Majesty the Queen, in Right of the Province of Nova Scotia (Economic Development) – applicable interest type
OR
Her Majesty the Queen, Province of Nova Scotia (Economic Development) – applicable interest type
OR
Her Majesty the Queen in Right of Canada (Environment Canada) – applicable interest type
OR
Her Majesty the Queen, Canada (Environment Canada) – applicable interest type
Note: abbreviating within the brackets is permitted.
Option 3 (Two Entries):
Her Majesty the Queen, branch of government (Provincial or Federal) and with a short version of the department name that includes an ‘In Care of’ qualifier – applicable interest type –i.e;
First Entry:
Her Majesty the Queen in Right of the Province of Nova Scotia - applicable interest type
OR
Her Majesty the Queen in Right of Canada - applicable interest type
OR
Her Majesty the Queen, Province of Nova Scotia - applicable interest type
OR
Her Majesty the Queen, Canada - applicable interest type - applicable interest type
Second Entry:
NS Dept of Transportation and Infrastructure Renewal - In Care of - applicable interest type