-as part of reorganisation
The government is moving to separate the Deeds and Commercial registries as part of a reorganisation that it says is intended to provide a faster service to the public and better serve businesses.
The passage of the Deeds and Commercial Registries Authority Bill 2012 and its subsequent enactment would institute one of the major reforms long proposed by members of the legal community, including attorney Leon Rockliffe, who has been lobbying for years for the reform of the Deeds Registry.
The bill was presented by Minister of Legal Affairs Anil Nandlall for first reading in the National Assembly last Thursday.
In the explanatory memorandum for the bill, Nandlall acknowledges that the present organisation of the Deeds registry “is somewhat inadequate to serve the public,” resulting in the need for the creation of two registries.
The Deeds Registry, according to the bill, will be responsible for the functions relating to Deeds, with the functions of the Registrar of Deeds to be those assigned under the Deeds Registry Act, the Power of Authority Act, and the Civil law of Guyana Act. The Registrar of Deeds and the Deputy Registrar of Deeds would be appointed under the proposed law by the Judicial Service Commission.
With the division, the Commercial registry would perform all matters that fall broadly outside of the Deeds Registry, including all matters relating to companies, business names, patents, the sale of goods, and trademarks. Accordingly, the functions of the Registrar of the Commercial Registry would be those assigned under the Companies Act, the Business Names (Registration) Act, the Patent and Designs Act, the Bills of Sale Act, the Trade Marks Act and the Trade Unions Act.
Unlike with the appointment of the Deeds Registrar, the bill proposes to have the Commercial Registrar, the Deputy, and two Assistant Registrars appointed by the Legal Affairs Minister, while a governing board envisaged by the legislation would appoint public notaries, clerks and other officers or employees necessary to carry out the functions of the Commercial Registry.
It is proposed that the Deeds and Commercial Registries Authority be established as a corporate body, with functions under the nine Acts under which the Registrar of Deeds and the Deeds Registry discharged a number of functions. Its primary mandate is to be establishing and promoting the efficient and orderly operation of the registries, the conditions governing the employment of officers and for funding of operations.
In addition, the bill says a governing board would be established for the authority and its functions would include those relating to the Deeds Registry previously carried out by the Public Service Ministry. The board is to consist of a Chairman appointed by the Minister; the Registrar of Deeds, The Registrar of the Commercial registry; a nominee of the Finance Ministry; a nominee of the Housing and Water Ministry; a nominee of the Guyana Bar Association; a nominee of the Guyana Association of Legal Professionals; and a nominee of the Private Sector.
The bill also provides for transition for the division.
It says before the appointed day, the government and the Deeds Registry, with the approval of the Public Service Commission, shall notify the officers and employees of the Deeds Registry that the authority wishes to retain them. It adds that the officers and employees that are retained, subject to the approval of the minister, shall be engaged on terms no less favourable than those applicable to them immediately before the appointed day.
In addition, the bill notes that the Deeds and Commercial Registries Authority will be the successor to the government with regard to the officers’ and employees’ leave and superannuation rights and benefits.
It adds that their employment “shall be deemed to have been uninterrupted and the period of service of each such officer or employee with the Deeds Registry, and every other period of service of that employee that is recognised as continuous employment with the government, shall be deemed to have been a period of service with the authority.”
It says further that every officer and employee not retained under this section shall be referred to the Public Service Commission for its appropriate action.
