Section 345(5) of the new CO provides that a copy of an instrument evidencing the payment, satisfaction, release or cessation of a registered charge is a certified copy if it is certified as a true copy by –
- the mortgagee or the person entitled to the charge; or
- in the case of -
- a mortgagee or entitled person who is a natural person, a person authorized by the mortgagee or entitled person for the purpose; or
- a mortgagee or entitled person that is a body corporate –
- a person authorized by the mortgagee or entitled person for the purpose; or
- a director or company secretary of the mortgagee or entitled person.
Please note that the certification must contain the name and capacity of the person making the certification and the date on which the certification is made. If the certification is made on behalf of the mortgagee, this fact must be stated so as to show that the requirement under section 345(5) has been satisfied.