1. The Conveyancing Sub-Committee wishes to inform that a dialogue session had been recently held with the Land Registry, Johor (“PTG”) for which this Sub-Committee had given the attached List of Issues to PTG for the dialogue session.
2. The Conveyancing Sub-Committee has yet to receive the draft minutes from PTG. Therefore, pending the finalisation of the minutes of the meeting with PTG which may take some time and subsequent circulation to members, the Conveyancing Sub-Committee wishes to inform members of the following time-sensitive feedback and information arising from the dialogue had with PTG:
(a) Updating of Authorized Representatives of Legal Firms at PTG under SELAMAT SYSTEM
All legal firms are required to update their list of authorized representatives with PTG by 15 February 2020 by way of a letter addressed to PTG to re-confirm their current authorized representatives.
Any new representative of legal firms will be required to call at PTG to register in accordance with the prevailing manner.
Any legal firm which does not update PTG with such letter risks their authorized representatives being deleted from PTG’s list which will mean that such representatives can no longer act for and on behalf of that firm concerned in the presentation of instruments and other documents and in other dealings with PTG.
PTG requires all legal firms to update their authorized representatives before the end of each subsequent years hereafter.
Members are urged to act accordingly and timeously.
(b) Presentation of Instruments of Dealings with Final Titles only.
Due to increasing use of technology especially bar-code technology to improve efficiency and accuracy, PTG requires all presentation of instruments to be made only with final titles only where the same has been issued. At the Johor Bar’s request, the implementation of this requirement will be postponed to 1 March 2020.
In this respect, PTG will facilitate the immediate same day exchange of title with final title required for such presentation but such immediate exchange facilitation will be limited to 1 title per day per legal firm. For urgent cases involving more than 1 title whether in a single transaction or otherwise, the legal firms may approach PTG’s officers to seek assistance and indulgence. PTG has informed that it will only take a few days for such exchange of final titles. The Sub-Committee has requested PTG to simplify the procedures for such exchange including not to require any land owner’s written authorization to attend to such exchange by lawyers who are in possession of the original titles to which PTG has yet to confirm.
It is hoped that all members will kindly take note of this requirement and wherever possible, to attend to such exchange for final titles earlier to ensure a seamless presentation. Members may also wish to incorporate terms or provisions in the transactions/agreements concerned for the delivery of final titles or proportionate extension of time accordingly.
(c) Definition of Bumiputera Companies
PTG has clarified that only a company with a 100% Bumiputera shareholding will be treated as a Bumiputera company. This is a departure from Pekeliling PTG Bil 3/2008. The critical date to ascertain such status will be the date of execution of the memorandum of transfer.
PTG will issue a new circular on this issue in due course.
(d) Capacity of number of presentations per day
PTG has notified that the total number of presentations has been increased to 210 presentations per day from the previous 160 presentations per day. This is a good and material improvement.
(e) Quit rent for individual Parcels
PTG has informed that the quit rent for individual parcels (as opposed to the current quit rent for master title) will only be implemented from 2021.
(f) Entry of Private Caveat
PTG has accepted the Conveyancing Sub-Committee’s contention and reaffirmed that a private caveat is not a dealing. It follows that the quit rent receipt is not required as a supporting document for the lodgment of a private caveat.
(g) Lowering of Threshold Value of Certain Properties which may be acquired by non-citizens or foreign companies
It has been proposed that the minimum purchase price for certain properties which may be acquired by non-citizens or foreign companies will be lowered to RM600,000.00 subject to certain situations and terms and conditions.
PTG will come out with a circular in due course.
2. The Conveyancing Sub-Committee will circulate the minutes of the dialogue session as soon as the same has been finalized with PTG.
3. Members are notified that members may also check the website of PTG at https://ptj.johor.gov.my/index.php/pekeliling-2 for any update as PTG will post thereat such circulars and relevant information from time to time.
4. The Conveyancing Sub-Committee wishes to thank the members of the Johor Bar who had taken the efforts and time to write to this Committee with relevant feedback and comments.
5. Last but not least, wishing all an upcoming Happy Chinese New Year and happy holidays to all.
Lim Eng Siang
Conveyancing Sub Committee