Yew Huoi, How & Associates | Leading Malaysia Law Firm

PROCEDURES OF PERFECTION OF TRANSFER & REGISTRATION OF CHARGE

PROCEDURES OF PERFECTION OF TRANSFER & REGISTRATION OF CHARGE

PERFECTION OF TRANSFER

Perfection of Transfer (“POT”) is necessary to transfer the ownership to the Purchaser(s) when the strata title / individual title is issued by the Developer.

Procedures

  • Step 1: The Purchaser(s) shall appoint his/her solicitors.
  • Step 2: The Purchaser(s) shall issue Letter of Authorisation to the solicitors to handle the POT.
  • Step 3: The solicitors will send the Letter of Authorisation to the Developer and liaise with the Developer for the necessary documents (i.e: a copy of title and Developer’s company documents)
  • Step 4: The solicitors will prepare Memorandum of Transfer (Form 14A). The Form 14A shall be executed by both the Developer and the Purchaser(s).
  • Step 5: Upon execution, the Developer shall deliver the original title to the solicitors for the purpose of transferring the ownerships to the Purchaser(s).
  • Step 6: The solicitors shall adjudicate the Form 14A and the Purchaser(s) shall pay stamp duty of the transfer of the Property subject to the purchase price of the Property.
  • Step 7: The solicitors shall present the Form 14A at the Land Office in order to transfer the ownership from the Developer to the Purchaser(s).

REGISTRATION OF CHARGE

If the Purchaser(s) obtains a loan to purchase the Property, the Purchaser(s) shall charge the Property to the bank by way of Registration of Charge (“ROC”).

Procedures

  • Step 1: The Solicitors shall prepare charge documents (i.e Charge Annexure and Form 16A).
  • Step 2: The charge documents shall be executed by the Purchaser(s) and the bank officer.
  • Step 3: Upon execution of the charge documents, the solicitors shall endorse the charge documents on the LHDN website.
  • Step 4: The Purchaser(s) shall pay stamp duty of the charge documents (i.e: RM10.00 per copy).
  • Step 5: The solicitors shall present the charge documents at the Land Office in order to register the charge in favour of the Bank.

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