Bank of Scotland (Ireland) Limited – Legal Office Notice No. 2 of 2014
By Deed of Transfer dated 1st July 2004 made between The Governor and Company of the Bank of Scotland (‘GCBS’) and Bank of Scotland (Ireland) Limited (‘BOSI’), GCBS assigned its portfolio of domestic Mortgages to BOSI. The Deed is filed in Instrument No. D2005PS002367T together with a schedule giving details of all the mortgagors, numbering approx. 14,000, but without folio details.
On the 17th September 2007 GCBS changed its name to Bank of Scotland plc (‘BOS’).
Pursuant to the European Communities (Cross Border Mergers) Regulations 2008, BOSI merged with BOS on the 31st December 2010, at 23.59 hours and all the assets of BOSI did vest in BOS.
BOSI was thereby dissolved.
Henceforth the following practices will apply:
- Discharges by BOS of BOSI and GCBS charges will be acted upon and the relevant charge cancelled, as if the discharge was by BOSI or GCBS.
- Charges dated on or after 1st January 2011 must be in the name of BOS.
- Charges prior to 1st January 2011, in the name of BOSI, or prior to 17th September 2007, in the name of GCBS, may be registered in the name of BOS.
- On application by BOS in any particular case, it may be registered in substitution for BOSI or GCBS as owner of individual charges, on payment of a fee of €40.
- In any case where BOS intend to realise their security, in respect of a charge registered in the name of BOSI or GCBS, either by receiver’s sale or by exercising the power of sale of a mortgagee in possession, it should apply for registration as owner of such charge prior to lodgement of the transfer on sale of the property in realisation of the security. BOS must be registered as owner of a charge to exercise the powers of enforcing such charge.
Legal Office Notice 2 of 2005 and Legal Office Notice 1 of 2011 are now rescinded.
23 May 2014
Revised 23 March 2015