General Instructions to Solicitors and Licensed Conveyancers

1 General Instructions to Solicitors and Licensed Conveyancers December 2016. Error! Unknown document property name. Index Introduction 1. Acting for the Bank 2. Conflict of Interest 3. Identification 4. Searches / Enquiries 5. Chancel Repair Liability 6. Valuations 7. Investigation of Title 8. Good and Marketable Title 9. Freehold interest in Commonhold 10. Insurance 11. "Back to Back" Sale 12. Financial Charges 13. Pre-completion Searches 14. Completion and Registration of the Charge 15. Restrictions and Notices 16. Exempting our Charge from the right to inspect and copy 17. Insolvency Considerations / Transactions at Undervalue 18. New Properties / Conversions - NHBC / Zurich Municipal / Foundation 15 Documentation 19. Freehold Flats and Flying Freeholds 20.

2 Leasehold Property 21. Defective Title Indemnity Insurance 22. Tenanted Property 23. Security Documents, Execution and Witnessing 24. Unpaid Vendors Lien 25. Charities 26. Pensions Schemes 27. Settlements & Will Trusts 28. Clubs and Friendly Societies 29. Independent Legal Advice 30. Occupiers 31. Legal Opinion 32. Disbursements 33. Application of Funds 34. Approval of the Transfer Document 35. Post Completion 36. Communication 37. Your Records 38. General Appendix 1. Appendix 2. Appendix 3. Appendix 4. Appendix 5. Appendix 6. Appendix 7. Appendix 8. Appendix 9. Error! Unknown document property name. Introduction;. These are our General Instructions ( the General Instructions ). You will on each occasion that we instruct you receive our specific Instructions ( the Specific Instructions ) that are unique to the particular transaction.

3 Our General Instructions and Specific Instructions (together Our Instructions ) must be read together. Throughout these General Instructions if the Borrower ( the Borrower ) and the Mortgagor in our Charge ( the Mortgagor ) are not one and the same person all references to the Borrower shall include the Mortgagor. References to the Borrower (and, if applicable, Guarantor, Beneficial Owner or, expressly or impliedly, the Mortgagor) in these General Instructions are to each Borrower (and Guarantor, Beneficial Owner or Mortgagor) named in the facility letter or the security documentation or your report. The Property is the Property as defined in our Specific Instructions . These Instructions must not be used for charges over residential property where the Woolwich part of the Bank will be making the funds available.

4 Barclays is a trading name of Barclays Bank PLC and its subsidiaries. Barclays Bank PLC ( the Bank ) is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register No. 122702). Registered in England; Registered number is 1026167, with registered office at 1 Churchill Place, London E14 5HP. 1: Acting for the Bank;. You cannot act for us in any transaction that you have an interest, be it direct or for a Connected Party. For these purposes, Connected Party means: (a) one or more of the partners or members of your firm; or (b) a partnership, LLP or company in which one or more of the partners or members in your firm has an interest; or (c) the spouse or relative of one or more of the partners or members in your firm.

5 If you are not prepared to act for us as instructed then you must return our Instructions immediately together with all documentation that we have sent to you. In addition to the normal conflict considerations you must only accept our Instructions if you have current professional indemnity insurance and this provides sufficient cover for the transaction. If you are requested by the Borrower to pass these Instructions to another firm or any other third party you must obtain our prior written confirmation that we agree to these new arrangements. 2: Con ict of Interest;. If you cannot act for us then you must return our Instructions immediately together with all documentation that we have sent to you. 3: Identi cation;. All parties to our security documentation must be properly identified by you.

6 You must ask all individual signatories to provide evidence of identity, which you must carefully check. You should check the individual s identity against: one of the documents from list A or two of the documents from list B. List A. A valid full passport; or A valid H M Forces identity card with the signatory s photograph; or A full and current photo-card driver s licence. List B. A full and current non photo-card driver s licence; or a cheque guarantee card, credit card (bearing the MasterCard or Visa logo) American Express or Diners Club card, debit or multi-function card (bearing the Switch or Delta logo) issued in the United Kingdom with an original account statement less than three months old; or a receipted utility bill less than three months old; or a council tax bill less than three months old; or a council rent book showing the rent paid for the last three months; or a mortgage statement from another lender for the mortgage accounting year just ended.

7 Error! Unknown document property name. You must check and satisfy yourself that each document you use to confirm an individual s identity ( the identity document ) conforms to the following: appears to be an original;. is current;. is signed in the relevant place (if applicable);. has not been tampered with; and shows the current address of the individual signatory to whom it relates (if applicable). Additionally, you must ensure that: where the individual s signature appears on any identity document you must compare it to the individual s signature on our security documents and ensure that the two signatures match and keep a copy of each identity document on your file. You may verify the identity of officers of a corporate Borrower in a similar manner or if necessary you may obtain a form 288, LLP2, 288a, 288b or 288c from Companies House.

8 The signature of each officer of the company can be verified by comparing the signature on the Charge against the signature on the copy form registered at Companies House and ensuring both signatures match. The Bank will not agree to dispense with identity checks as we regard this as fundamental to ensuring that we have valid security. If you take it upon yourself not to carry out the identity checks this must be at your own risk. If the Charge is signed at a Branch we confirm that it will be the responsibility of the Bank staff to verify the signature and identity of the individual signing in their presence. We will require you to follow the guidance in the Law Society s green card warning on property fraud, blue card warning on money laundering and pink card on undertakings and the Solicitors Regulation Authority on property fraud and money laundering.

9 Licensed Conveyancers /Legal Executives must follow guidance issued by the Council for Licensed Conveyancers /Institute of Legal Executives. If the seller s Solicitors or Licensed Conveyancers are unknown to you, you must check that they appear in a current legal directory or hold a practising certificate issued by their professional body and are practising at the address shown on their notepaper. If you are in any doubt as to the identity of any party please revert to us for further Instructions . 4: Searches/Enquiries;. You should investigate title for us. In doing so you must raise all enquiries and requisitions of the seller and/or the Borrower as appropriate. In carrying out your investigation, you must make all usual and necessary searches and enquiries.

10 You must make appropriate further enquiries to clarify any issues that may arise as a result of your searches and enquiries. We must be named as the applicant in the Land Registry search. Your enquiries and searches should always include: a search of the local land charges register and enquiries of the local authority, together with an index map, land charges and land registry searches (in our name) as appropriate;. a bankruptcy search against the Borrower or, in the case of a company, a search to ensure that the company has not commenced winding up; and where the Borrower is a company, a search of the register of mortgages at Companies House;. a mining search (such as coal, tin, china clay or brine search) where it is reasonable to believe that the Property could be affected by them.