On 10th September 2019, the Ministry of Agriculture, Livestock and Irrigation (“MOALI”) issued its Notification No. 299/2019 called Deeds Registration Rules (“DRR”) under the Deeds Registration Law 2018 (“DRL”) to set out the procedures for registration of deeds in Myanmar.
The major provisions of the DRR include: –
1. For a deed executed abroad, the deed and documents showing the date of its being brought into Myanmar must be filed with the Registry Office (“RO”) within 120 days from its execution date.
2. The applicant who requests a deed registration must submit the deed and relevant documents, e.g. copies of a citizen identification card, a court decision, a company registration certificate, an authorization letter or a power of attorney, with the RO. If the application is filed through a representative, copies of an authorization letter or a power of attorney and documents showing that the principal is still alive and that such authorization letter or power of attorney has not been revoked must also be submitted with the RO.
3. A will can be registered with the RO and kept with the Registrar at the RO until the beneficiary under the will requests to open the will. To apply for opening the will, relevant documents showing that the testator has died must be submitted with the RO.
4. For registration of a Declaration of Trademark Ownership, the Registrar must record only the declaration, not the rights over the registered trademark.
The RO does not allow registration of ownerships or rights in copyrights, patents and industrial designs.
5. The registered deeds/documents will be kept in the Register Books separately by their types and in an electronic record at the RO and/or the Township Deeds Registry Offices.
6. An appeal with supporting documents can be filed with the Inspector if an application for a deed registration is rejected by the Registrar. The Inspector will review the appeal and supporting documents and prepare a report for the Registrar to decide whether or not to accept or reject the appeal.
7. Applicable stamp duties and fees must be paid to the RO for deed registration.
8. A search on registered deeds or registered documents can be conducted and a certified copy of registered deeds or documents can be obtained from the RO, subject to payment of the applicable stamp duties and fees, except for wills or thumb prints.
9. A late registration fee will be imposed by the RO on a deed registration filed after the period of 120 days from its execution date of the deed.
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