Formalities where an overseas company is buying, selling or leasing land in England and Wales
Formalities where an overseas company is buying, selling or leasing land in England and Wales

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Formalities where an overseas company is buying, selling or leasing land in England and Wales
  • Execution of documents by an overseas company
  • Execution of deeds by an overseas company and LP(MP)A 1989
  • Execution of documents on behalf of an overseas company
  • HM Land Registry requirements
  • Legal opinion

The fact that an overseas company is a seller, buyer, landlord, tenant, guarantor or mortgagee in relation to the sale or leasing of land in England and Wales does not require you to do anything differently from the conveyancing procedure ordinarily to be followed if that company were registered in England and Wales.

However, you should be aware of the need to:

  1. ensure that all relevant documents and deeds are validly executed in accordance with the Companies Act 2006 (CA 2006) as modified by the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, SI 2009/1917 (OC(EDRC)R 2009) and (where appropriate) the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) so as to be binding on and enforceable against the overseas company

  2. obtain a legal opinion which confirms the status of the overseas company, its capacity to enter into those documents and the validity of the execution method which has been adopted (see Practice Note: Legal opinions—property transactions)

  3. satisfy the requirements of the Land Registration Rules 2003, SI 2003/1417 (LRR 2003) when the overseas company applies to be registered at HM Land Registry as proprietor of a registered estate or a registered charge (see HM Land Registry Practice Guide 78)

Execution of documents by an overseas company

There are three permitted methods under the law of England and