See the Affidavit of Execution Practice Guide for more detailed practice information about affidavits of execution.
EXAMPLE 1: For a Transfer Form Executed by an Individual
| (1) | I am 16 years of age or older and am acquainted with the person named in the instrument as the transferor. |
| (2) | I am acquainted with the signature of the transferor and believe that the signature subscribed to the instrument is the signature of the transferor. |
| (3) | The signature of the transferor was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed by the transferor outside British Columbia]. |
EXAMPLE 2: For a Transfer Form Executed by a Corporation
| (1) | I am 19 years of age or older and am a person named in the instrument as an authorized signatory of the transferor and I was authorized by the transferor to execute the instrument. |
| (2) | Any other person who executed the instrument for the transferor was authorized to do so by the transferor. |
| (3) | The transferor existed at the time the instrument was executed and is legally entitled to hold and dispose of land in British Columbia. |
| (4) | My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia]. |
EXAMPLE 3: For a Transfer Form Executed by an Individual Attorney on Behalf of an Individual Transferor
| (1) | I am the attorney of the transferor under a subsisting power of attorney and am 19 years of age or older. | ||||||
| (2) |
I am the person named in the instrument as the attorney of the transferor and, at the time I executed the instrument, I had no knowledge of [in a case where the power is not enduring]
[in a case where the power is enduring]
|
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| (3) | My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia]. |
EXAMPLE 4: For a Transfer Form Executed by an Individual Who Is an Attorney of a Corporate Transferor
| (1) | I am the attorney of the transferor under a subsisting power of attorney and am 19 years of age or older. |
| (2) | I am the person named in the instrument as the attorney of the transferor and at the time the instrument was executed the transferor existed and I had no knowledge of the dissolution or bankruptcy of the transferor or of a revocation of the power of attorney by the transferor. |
| (3) | The transferor is legally entitled to hold and dispose of land in British Columbia. |
| (4) | My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia]. |
EXAMPLE 5: For a Transfer Form Executed by a Corporate Attorney of an Individual Transferor
| (1) | [Name of corporate attorney] is the attorney of the transferor under a subsisting power of attorney. | ||||||
| (2) |
I am an authorized signatory of the person named in the instrument as the attorney of the transferor and, at the time the instrument was executed, neither I nor the attorney had knowledge of [in the case where the power is not enduring]
[in a case where the power is enduring]
|
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| (3) | I was authorized by the attorney to execute the instrument and the attorney existed at the time I executed the instrument. | ||||||
| (4) | My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia]. |
EXAMPLE 6: For a Transfer Form Executed by a Corporate Attorney of a Corporate Transferor
| (1) | [Name of corporate attorney] is the attorney for the transferor under a subsisting power of attorney. |
| (2) | I am an authorized signatory of the attorney of the transferor and, at the time I executed the instrument, neither I nor the attorney had any knowledge of the dissolution or bankruptcy of the transferor or of a revocation of the power of attorney by the transferor. |
| (3) | I was authorized by the attorney to execute the instrument and both the attorney and the transferor existed at the time I executed the instrument. |
| (4) | The transferor is legally entitled to hold and dispose of land in British Columbia. |
| (5) | My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia]. |