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ATTORNEY-General and Minister of Legal Affairs, Anil Nandlall, on Thursday piloted the Deeds and Commercial Registry Authority Bill through its unopposed passage in the National Assembly. The new Bill provides for the establishment of the Deeds and Commercial Registries Authority as a corporate body, as well as a governing Board of the Authority. The current Bill repeals the Deeds Registry Authority Act of 1999 which was never brought into operation. That Bill however, did not separate the business of the Deeds Registry into a Deeds Unit and a Commercial Unit, allowing for specialization and efficiency. It also did not provide for an inclusive, knowledgeable Governing Board or any Governing Board at all.
It placed the entire burden of operating the Authority, its financial responsibilities and its human resources responsibilities on the shoulders of one person, the Registrar of Deeds who is also primarily responsible for passing every single transport, mortgage, lease, and incorporating every company, registering every trademark, which is an impossible burden.
The criticisms of that Act vociferously offered by members of the legal and commercial communities were noted and their suggestions incorporated as far as possible into the Bill now approved by the Assembly.
Expectations
It is expected that the Authority, a semi-autonomous, corporate body, governed by an inclusive board with members experienced in commercial transactions and with ready but accountable access to its own budgeted funds, will establish functionally autonomous registries and sub-registries throughout Guyana. It is further expected that the Board will ensure that each registry is adequately staffed with competitively remunerated, qualified and capable employees, who are trained and supervised to expeditiously deliver to stakeholders the services under the Deeds and Commercial Acts.
Functions
The Bill will help in the creation of modern infrastructure under which the Registries would now operate. When it comes into force as an Act of Parliament, the Bill will provide for the establishment and promotion of the efficient and orderly operations of the two Registries and establish the conditions governing the employment of officers and employees of the authority, as well as provide for funding of the operations of the Authority and for connected matters.
The Authority is authorised and empowered to retain from the fees, charges, duties, taxes or fines collected by it, such sums as are necessary to fund its budgeted operations and then to remit the balance to the Consolidated Fund. It shall keep proper books of accounts and shall be audited annually by the Auditor General.
The general objective of the Bill is to facilitate the efficient administration of eight Acts, viz. the Deeds Registry Act; the Powers of Attorney Act; 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.
Minister Nandlall noted also that commerce has grown at an accelerated pace, whilst the administration of these Acts and the institution tasked with their administration, statutorily set up in the year 1920, have stagnated, to the detriment of business and commerce in Guyana and the frustration of stakeholders.
Specific Goals and Methods
What this Bill seeks to do, themMinister explained, is to facilitate the conduct of commerce and business in Guyana, and address delay faced by the stakeholders.
It addresses the issues of maintaining an accurate, up to date, secure record of ownership and transfers of land, to enable the public to easily access information on ownership and have confidence when entering into commercial transactions regarding land.
The Registry will ensure minimal bureaucracy in the decision-making process, the acquisition of materials, the training, hire and disciplining of staff, the immediate response to issues affecting the administration of the Acts, the transaction of business under those acts and current events impacting on stakeholders.
An inclusive Governing Board will be ensuring direct input on policy, planning, implementation and supervision, by including on the board commercial stakeholder representatives, namely the Guyana Bar Association, the Guyana Association of Legal Professionals (The Berbice Bar), the Private Sector.
Additionally involved will be primary service providers, namely the Registrar of Deeds and the Registrar of Commerce; public stakeholder representatives, namely nominees from the Ministry of Housing which processes a large amount of house lot titles yearly, and the Ministry of Finance to immediately advise and provide input on budgetary and planning issues.
A specialised stand alone Deeds Registry will be tasked solely with administering the functions of the Registrar of Deeds under the Deeds Registry Act, the Powers of Attorney Act, the Civil Law of Guyana Act and processing transactions there under.
A specialized, stand alone Commercial Registry will be tasked solely with administering 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 and processing transactions there under.
Satellite Deeds Registries and Commercial Registries will be established in the counties of Essequibo and Berbice, and throughout Guyana as the Board deems necessary, headed by officers empowered to conduct all business of the registries.
The Bill also provides for the migration of current employees and officers of the Deeds Registry to the Authority on such terms and conditions which, taken as a whole , are no less favourable than those applicable at present. Officers and employees who decline migrating from the Public Service shall be referred to the Public Service Commission.
It also protects members of the Authority from proceedings being instituted against them personally for acts undertaken in execution of their lawful duties, and designates them agents of the Authority with liability vested in the Authority.
The Bill allows the Minister of Legal Affairs to make regulations for carrying out the purpose of the Deeds and Commercial Registries Authority Act and to make regulations under the Deeds Registry Act. (GINA)
It placed the entire burden of operating the Authority, its financial responsibilities and its human resources responsibilities on the shoulders of one person, the Registrar of Deeds who is also primarily responsible for passing every single transport, mortgage, lease, and incorporating every company, registering every trademark, which is an impossible burden.
The criticisms of that Act vociferously offered by members of the legal and commercial communities were noted and their suggestions incorporated as far as possible into the Bill now approved by the Assembly.
Expectations
It is expected that the Authority, a semi-autonomous, corporate body, governed by an inclusive board with members experienced in commercial transactions and with ready but accountable access to its own budgeted funds, will establish functionally autonomous registries and sub-registries throughout Guyana. It is further expected that the Board will ensure that each registry is adequately staffed with competitively remunerated, qualified and capable employees, who are trained and supervised to expeditiously deliver to stakeholders the services under the Deeds and Commercial Acts.
Functions
The Bill will help in the creation of modern infrastructure under which the Registries would now operate. When it comes into force as an Act of Parliament, the Bill will provide for the establishment and promotion of the efficient and orderly operations of the two Registries and establish the conditions governing the employment of officers and employees of the authority, as well as provide for funding of the operations of the Authority and for connected matters.
The Authority is authorised and empowered to retain from the fees, charges, duties, taxes or fines collected by it, such sums as are necessary to fund its budgeted operations and then to remit the balance to the Consolidated Fund. It shall keep proper books of accounts and shall be audited annually by the Auditor General.
The general objective of the Bill is to facilitate the efficient administration of eight Acts, viz. the Deeds Registry Act; the Powers of Attorney Act; 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.
Minister Nandlall noted also that commerce has grown at an accelerated pace, whilst the administration of these Acts and the institution tasked with their administration, statutorily set up in the year 1920, have stagnated, to the detriment of business and commerce in Guyana and the frustration of stakeholders.
Specific Goals and Methods
What this Bill seeks to do, themMinister explained, is to facilitate the conduct of commerce and business in Guyana, and address delay faced by the stakeholders.
It addresses the issues of maintaining an accurate, up to date, secure record of ownership and transfers of land, to enable the public to easily access information on ownership and have confidence when entering into commercial transactions regarding land.
The Registry will ensure minimal bureaucracy in the decision-making process, the acquisition of materials, the training, hire and disciplining of staff, the immediate response to issues affecting the administration of the Acts, the transaction of business under those acts and current events impacting on stakeholders.
An inclusive Governing Board will be ensuring direct input on policy, planning, implementation and supervision, by including on the board commercial stakeholder representatives, namely the Guyana Bar Association, the Guyana Association of Legal Professionals (The Berbice Bar), the Private Sector.
Additionally involved will be primary service providers, namely the Registrar of Deeds and the Registrar of Commerce; public stakeholder representatives, namely nominees from the Ministry of Housing which processes a large amount of house lot titles yearly, and the Ministry of Finance to immediately advise and provide input on budgetary and planning issues.
A specialised stand alone Deeds Registry will be tasked solely with administering the functions of the Registrar of Deeds under the Deeds Registry Act, the Powers of Attorney Act, the Civil Law of Guyana Act and processing transactions there under.
A specialized, stand alone Commercial Registry will be tasked solely with administering 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 and processing transactions there under.
Satellite Deeds Registries and Commercial Registries will be established in the counties of Essequibo and Berbice, and throughout Guyana as the Board deems necessary, headed by officers empowered to conduct all business of the registries.
The Bill also provides for the migration of current employees and officers of the Deeds Registry to the Authority on such terms and conditions which, taken as a whole , are no less favourable than those applicable at present. Officers and employees who decline migrating from the Public Service shall be referred to the Public Service Commission.
It also protects members of the Authority from proceedings being instituted against them personally for acts undertaken in execution of their lawful duties, and designates them agents of the Authority with liability vested in the Authority.
The Bill allows the Minister of Legal Affairs to make regulations for carrying out the purpose of the Deeds and Commercial Registries Authority Act and to make regulations under the Deeds Registry Act. (GINA)
