CONVEYANCERS ACT 2006 - SECT 4 What is conveyancing work?

CONVEYANCERS ACT 2006 - SECT 4

    (1)     In this Act, conveyancing work means legal work carried out in connection with any transaction that creates, varies, transfers, conveys or extinguishes a legal or equitable interest in any real or personal property, such as, for example, any of the following transactions—

        (a)     the sale of a freehold interest in land;

        (b)     the creation, sale or assignment of a leasehold interest in land;

        (c)     the grant of a mortgage or other charge.

    (2)     Without limiting subsection (1), "conveyancing work" includes—

        (a)     legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to a transaction of a kind referred to in subsection (1); and

        (b)     legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to a transaction of a kind referred to in subsection (1); and

        (c)     any other legal work that is prescribed by the regulations as constituting conveyancing work for the purposes of this Act.

S. 4(2A) inserted by No. 36/2011 s. 19(1).

    (2A)     In this Act, "conveyancing work" also means legal work connected with the sale of a business, including the sale of goodwill and stock-in-trade and the transfer of any business licence.

    (3)     However, conveyancing work does not include—

        (a)     legal work carried out for the purpose of—

              (i)     commencing or maintaining legal proceedings; or

              (ii)     applying for a grant of probate or letters of administration; or

              (iii)     establishing a corporation or varying the constitution of a corporation; or

              (iv)     creating, varying or extinguishing a trust; or

              (v)     preparing a testamentary instrument; or

              (vi)     giving investment or financial advice; or

              (vii)     investing money otherwise than as provided for in Part 5; or

S. 4(3)(b) repealed by No. 36/2011 s. 19(2).

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        (c)     the provision of legal advice in relation to—

              (i)     obtaining the consent of a person or body under an Act or regulations to the development or use of land; or

              (ii)     an application for an order under Division 5 of Part IV of the Transfer of Land Act 1958 ; or

        (d)     work prescribed by the regulations as not constituting conveyancing work for the purposes of this Act.

    (4)     In this section, in relation to land, "development" and use have the same meanings respectively as in the Planning and Environment Act 1987 .