Change or correction of name, transmission or transfer – what instrument to use and when

There have been a number of situations where practitioners have used the wrong instrument type for the type of action they are trying to complete.

Change or correction of name (CN)

A change of name should be used if the name recorded on the title:

  • has been changed by marriage (eg Surname is changing)
  • has been changed by Deed Poll or Change of Name certificate
  • has been changed by a Companies “Name Change” Certificate.

A correction of name should be used if the name recorded on the title:

  • has been misspelt, or
  • has omitted part of the name (e.g. a middle name)

A change or correction of name should not be used if:

  • the new name is a completely different person
  • changing a trustee name
  • the company name has been changed by amalgamation (eg Companies Office Amalgamation Certificate)
  • the company no longer exists (eg is struck off).

Transmission (TSM)

A transmission should be used where:

  • the registered owner is deceased
  • a life tenant dies
  • the last surviving life tenant dies (eg Transmission determining life estate or lease for life should be used)
  • the registered owner is declared bankrupt and their property is vested in the Official Assignee under the Insolvency Act 2006
  • a company is amalgamated with another company under the Companies Act 1993
  • building societies unite or transfer engagements.

A Transmission should not be used where:

  • trustees are removed or retire
  • trustees change for Friendly Societies, Charitable Trusts or Credit Unions.

Transfers (T)

A Transfer should be used if:

  • a person is transferring their interest in a title to another person or entity
  • trustees are removed or retire
  • new trustees are added to a title.

A Transfer should not be used if:

  • the registered owner is deceased
  • if a life tenant or surviving life tenant is deceased.
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