- Further to our Circular No. 101/20 dated 25-2-2021, we append herewith some of the issues finalised with Pejabat Tanah Dan Galian Johor (PTG) in the virtual meeting held on 22 February 2021, namely that: –
(a) the applications for appointment to do presentation / entry of private caveat, land searches during the period of Movement Control Order 2 can now be done through the law firm concerned instead of the firm’s runner (Please refer to Circular No. 101/20).
(b) in matters involving Group Settlement Area (GSA) land, executors who are foreign nationals are allowed to apply for the State Authority’s consent to the transmission.
(c) the Instrument of transfer being a statutory instrument may be executed by the transferor and transferee in any order and the last date of execution shall be taken as the date of the instrument. PTG will inform PTD, Kluang which holds a different view.
(d) Statutory Declarations done overseas can be sworn/affirmed before a Malaysian High commissioner or Notary Public of the country concerned in accordance with the provisions of law of that country. The statutory declarations if in the English language are accepted need not be in translated into Bahasa Malaysia.
(e) for old titles without the proprietors’ identity card numbers appearing after their names, PTG will revert to us on the issue of the sum of RM100-00 currently charged for insertion of the identity card numbers. It was highlighted to PTG that the proprietors should not be penalised as the omission was due to no fault of theirs.
(f) new guidelines will be issued concerning tenancies granted to a non-Malaysian citizen or a foreign company pursuant to S433B of the National Land Code (Act 828).
(g) collection of quit rent for strata units/parcels under a strata scheme on individual basis will not be implemented by this year.
(h) PTG will issue a circular to clarify on the corporate documents required for the presentation for registration of documents/instruments involving a company.
(i) PTG was urged to relook at the guidelines for foreign acquisition based on the date of the SPA instead of the date of transfer which may involve the current policy and guidelines.
2. We also append herewith some of the issues finalised with Johor Land Registry (PTG) in the virtual meeting held on 29 December 2019 by the past Conveyancing Sub-Committee, which are that:-
(a) notwithstanding that the transfer of a property to a non-Malaysian citizen or a foreign company involves only half undivided share, the full consent fees will be computed based on the total value of the property.
(b) PTG will issue a circular to update the definition of “Bumiputra company” in its previous Circular 3/2008 from 50% shareholding held by Bumiputra to 100% to streamline the information available on their website to the actual practice.
(c) PTG will use its best endeavours to update all the title registers concerning the properties involved in land acquisitions.
(d) PTG will look into rectifying the standard wording of the restrictions-in-interest concerning Bumiputra interest on the master titles to high-rise properties.
(e) PTG will discuss with KPTG with a view to improving the computer programme in order to minimise typing errors on the titles (usually names of the banks).
(f) PTG will relook into JBC’s suggestion to activate the notification system via WhatsApp (Maklum@PTG)
3. JBC has requested PTG to consult / coordinate with JBC prior to the implementation of any new regulations. PTG has in principle agreed to do so.
4. Lastly, we also wish to bring to the attention that many cheques issued by law firms have been rejected due to the following reasons:-
(a) Tiada tandatangan;
(b) Tarikh luput;
(c) Amaun berbeza dalam perkataan;
(d) Tarikh kehadapan;
(e) Rujuk penyuruh bayar;
(f) Tandatangan penyuruh bayar diperlukan;
(g) Satu lagi tandatangan diperlukan;
(h) Pembayaran berganda;
(i) Cek luput;
(j) Tarikh tidak jelas;
(k) Nama diperlukan;
(l) Cek dipinda;
(m) Pembayaran dihentikan;
(n) Akaun ditutup;
(o) Pengesahan penyuruh bayar diperlukan;
(p) Tandatangan berbeza; dan
(q) Imej tidak berkualiti.
Members are urged to be more careful in issuing cheques in the future in order to avoid new policy to be implemented by PTG which could be troublesome.
As we have just concluded the meeting on 22 February 2021, the minutes of meeting shall be finalised with PTG as soon as we possible.
Thank you.
NORHAYATI BINTI MOHAMED
CHAIRPERSON
CONVEYANCING SUB COMMITTEE