Section 107Part 6 — Instruments and Agents
Verification of execution
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Subject to subsection (3), a person signing an instrument by way of execution shall appear before the Registrar or such public officer or other person as is prescribed and, unless he is known to the Registrar or such public officer or other person, shall be accompanied by a credible witness for the purpose of establishing his identity.
The Registrar, public officer or other person shall satisfy himself as to the identity of the person appearing before him and ascertain whether he freely and voluntarily executed the instrument, and shall complete thereon a certificate in the prescribed form as to these matters and to the effect that the person concerned signed the instrument before him in the appropriate place or places upon it.
An instrument which is required to be executed by or on behalf of the Crown shall be deemed to be executed when it has been signed by the Governor.
The Registrar may dispense with verification under this section —
if he considers that it cannot be obtained or can be obtained only with difficulty and he is otherwise satisfied that the document has been properly executed; or
in cases in which to his knowledge the document has been properly executed,
and shall record on the document his reasons for dispensing with the appearance of the parties.
No instrument executed out of the Islands shall be registered unless it has endorsed thereon or attached thereto a certificate in the prescribed form completed —
if the instrument was executed in the Commonwealth, by a Judge, magistrate, justice of the peace, notary public, commissioner for oaths or administrative officer; or
if the instrument was executed in a foreign country, by a British consular officer or pro-consul, notary public or such other person or class of persons as the Governor may determine.
Defined Terms
credible witness