Registration of Title Act 1964

Transfer of charge.

64

64. (1) The registered owner of a charge may transfer the charge to another person as owner thereof, and the transferee shall be registered as owner of the charge.

(2) There shall be executed on the transfer of a charge an instrument of transfer in the prescribed form, F85 [ ] but until the transferee is registered as owner of the charge, that instrument shall not confer on the transferee any interest in the charge.

(3) F86 [ ]

(4) On registration of the transferee of a charge, the instrument of transfer shall operate as a conveyance by deed within the meaning of the Conveyancing Acts, and the transferee shall—

( a) have the same title to the charge as a registered transferee of land under this Act has to the land, under a transfer for valuable consideration or without valuable consideration, as the case may be; and

( b) have for enforcing his charge the same rights and powers in respect of the land as if the charge had been originally created in his favour.

Annotations:

Amendments:

F85

Deleted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009.

F86

Repealed (1.01.2007) by Registration of Deeds and Title Act 2006 (12/2006), s. 73(1)(a), S.I. No. 511 of 2006.

Modifications (not altering text):

C28

Application of section restricted (28.10.2011) by Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011), s. 50(1)(b), S.I. No. 548 of 2011.

Effect of transfer order in relation to securities.

50.— (1) On and after the transfer of assets and liabilities under a transfer order, in relation to property referred to in paragraph (d) or (e) of subsection (4) of section 49 or a security referred to in paragraph (f) of that subsection, transferred by the order—

(a) notwithstanding any provision of an Act referred to in subsection (2) or any other Act that provides for the registration of assets or security, or any details of assets or security, a transferee is not required to become registered as owner of the security

(b) notwithstanding sections 62 and 64 of the Registration of Title Act 1964, a transferee has, in relation to any charge that is or is part of such a security, the powers of a mortgagee under a mortgage by deed, even though the transferee is not registered as owner of the charge,

(c) the transferee has the powers and rights conferred on the registered owner of a charge by the Registration of Title Act 1964, and

(d) if the transfer order effects an extension of or in relation to the security so as to include future advances by or future liabilities to the transferee, the extension need not be registered under any Act referred to in subsection (2) under which it would otherwise be required to be registered, but operates for the purposes of those Acts as if made by deed duly registered under that Act on the time of the transfer.

(2) The Acts referred to in paragraphs (a) and (d) of subsection (1) are the following: ...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...

C29

Application of section restricted (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 40(1)(b), S.I. No. 623 of 2010.

Effect of transfer order in relation to securities.

40.— (1) On and after the transfer of assets and liabilities under a transfer order, in relation to property referred to in paragraph (d) or (e) of section 39 (4) or a security referred to in paragraph (f) of that section, transferred by the order— ...

(b) notwithstanding sections 62 and 64 of the Registration of Title Act 1964 , a transferee has, in relation to any charge that is or is part of such a security, the powers of a mortgagee under a mortgage by deed, even though it is not registered as owner of the charge,

...

C30

Application of section restricted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 107(1)(b), S.I. No. 545 of 2009.

NAMA not required to register certain instruments, etc.

107.— (1) Where a bank asset has been acquired by NAMA or a NAMA group entity—

...

(b) notwithstanding sections 62 and 64 of the Registration of Title Act 1964, NAMA or the NAMA group entity has, in relation to any such charge, the powers of a mortgagee under a mortgage by deed, even though NAMA or the NAMA group entity is not registered as owner of any such charge,

(c) NAMA or the NAMA group entity has the powers and rights conferred on the registered owner of a charge by the Registration of Title Act 1964.

...