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Ministry of Energy, Mines and Pertoleum Resources
EMD00-08     (Issued February 27, 2001)

TITLES DIVISION

SUBJECT: REGISTERING TRANSFERS WITH THE TITLES DIVISION

The Titles Division records documents transferring interests of registered ownership of petroleum and natural gas titles, upon submission of satisfactory documentation and fees. Following are instructions for submitting transfer documentation to the Division:

FEES

  • The lease issuance fee for Split transfers, denoted by the wording "in and to a portion of" is $500.00 for each new lease created.

GENERAL REQUIREMENTS

  • The transfer document must be an original, which will be retained in the Titles Division. Additional copies may be submitted and will be returned bearing evidence of registration.
  • The original petroleum and natural gas title document need not accompany the transfer.
  • The transferor must be a registered titleholder.
  • Only transfers of undivided interest are permissible. Transfers of working interests are not acceptable.
  • Interests being transferred must be indicated in decimal percentages, to not greater than eight decimal places and must be consistent with the interest recorded in the Titles Division.
  • The wording "a portion of" should not be used for transfers where a company is merely transferring a portion of their interest in the title. Rather, specify the exact amount of undivided right, title and interest being transferred.
  • Interests displayed as percentages of percentages are not acceptable.
    • e.g., "an undivided 45% of their right, title and interest" would not be accepted.
    • e.g., "an undivided 45% right, title and interest" would be accepted.
  • There is no prescribed transfer form. Samples of acceptable transfer forms are attached and additional copies are available from the Titles Division, upon request.
  • If a transfer form, other than a sample form, is submitted, it must be free from encumbering or "subject to" provisos.
  • There is no restriction on submitting stale-dated transfers. A transfer is considered effective the date it has been received and recorded with the Titles Division.
  • All modifications to the transfer documents, including changes made with correction fluid, must be initialed by the transferor and transferee.
  • Title legal descriptions are not required. It is acceptable to enter "as described in the said lease" (permit, drilling licence) in place of a legal description. If, however, legal descriptions are included, they must be accurate and complete, including the zone designation name, number and rights.
  • The Titles Division does not record an official Address for Service; however, addresses must be submitted for companies acquiring title in the province for the first time. It is recommended that companies acquiring title for the first time be registered with the British Columbia Registrar of Companies, telephone (250) 387-7848, to avoid any difficulty transferring interests in the future.

SIGNATURE REQUIREMENTS

  • BOTH the transferor and transferee must have the document executed by a signing officer of the company. Please ensure the correct name and title of the person signing are printed below the signature. The signature must be either witnessed or have a company seal affixed. In the event the signature was witnessed, the name, title and address of the witness must appear on the front of the document.
  • A person who signs as holding a Power of Attorney on behalf of a company must have a Power of Attorney registered with the Titles Division. Their name, title and the following must appear on the document, "duly authorized to sign on behalf of Company X". Again, the signature must be either under company seal or witnessed. The name, title and address of the witness must appear on the front of the document.
  • When a lawyer signs on behalf of a company, the lawyer must have registered a Power of Attorney in the Titles Division. The name and title of the lawyer must be printed under the signature and the signature must be either under company seal or witness. The name, title and address of the witness must appear on the front of the document.
  • When one company signs "as successor to" another company, supporting documentation must be provided that clearly indicates the company is successor in interest to the title in question.

POWER OF ATTORNEY

  • The document must be signed by a signing officer of the company issuing the Power of Attorney and it must be sealed and/or witnessed. If additional copies of the document are submitted, they will be returned bearing evidence of registration.

Sample of Entire Interest transfer form

Sample of Undivided Interest transfer form

Sample of Split transfer, Entire Interest form

Sample of Split transfer, Undivided Interest form

 

For further information contact:

Christine McCarthy
Examiner
Titles Division
PO Box 9326, Stn Prov Gov't
6th floor, 1810 Blanshard Street
Victoria, BC  V8W 9N3
Telephone:  250-952-0341
Facsimile:  250-952-0331
Email:  Christine.McCarthy@gems4.gov.bc.ca

Endorsed by the
Assistant Deputy Minister
2001 02 27