Completed 1.
Full and clear instructions received from the lender in writing or confirmed in writing.
2.
Obtain all required searches — Personal Property Securities Register, Company, Land Transfer, other.
3.
Information facsimile/letter sent.
4.
Response to information facsimile received.
5.
Review all Company searches for: •
incorporation
•
charges
•
constitution adopted or not
•
adverse interests
•
liquidation/receivership
•
method of contracting permitted.
NOTE: The level of inquiry could affect the protection provided by section 18 of the Companies Act 1993. 6.
Review Land Transfer searches for: •
mortgages
•
other encumbrances
•
land consents
•
Council encumbrances
•
correct registered proprietor details
•
consent notices
•
anything else to be investigated.
7.
Check other searches to ascertain ownership and other charges. If personal property is involved, check the PPSA register.
8.
Identify any consents, approvals, contracts required (ie for the borrower’s business or project — are they in force? Are there conditions of concern?).
Outstanding