MEMORANDUM OF COMMON PROVISIONS

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At a Glance

 

Regular use is made of a Memorandum of Common Provisions (MCP) to include provisions in Instruments and plans e.g. covenants in mortgages, restrictive covenants and easements in transfers and covenants in leases.

Memorandum of common provisions of mortgage being the standard mortgage terms & conditions drafted by Lawyers and lodged with NSW Land Registry Services for incorporation by reference.

We have also included an unbranded version (without the author’s logo), and a Word version so that you can include your own branding if you wish.

Why Legal Practitioners and Property Professionals Need a Memorandum of Common Provisions (NSW)

A Memorandum of Common Provisions (NSW) is essential for streamlining property transactions by incorporating standard terms and conditions into multiple mortgage and loan agreements. This document provides consistency, reduces administrative burden, and ensures compliance with standard legal provisions applicable to property dealings.

INCLUDES

  • DEFINITIONS AND INTERPRETATION
  • CONSIDERATION
  • OBLIGATION TO PAY AND DISCHARGE THE SECURED MONEY
  • MORTGAGE
  • OBLIGATIONS TO DEPOSIT CERTIFICATES OF TITLE AND OTHER DOCUMENTS
  • REPRESENTATIONS AND WARRANTIES
  • GENERAL AND FINANCIAL UNDERTAKINGS
  • OBLIGATIONS RELATING TO MORTGAGED PROPERTY
  • INSURANCE
  • ACCESS
  • FURTHER ASSURANCES
  • INDEMNITIES
  • DEFAULT
  • OBLIGATIONS TO GIVE NOTICE OR PROVIDE INFORMATION
  • POWERS OF THE MORTGAGEE
  • RECEIVERS
  • EXERCISE OF POWERS
  • RECEIPT AND APPLICATION OF MONEY
  • NO OBLIGATION TO EXERCISE RIGHTS OR GIVE CONSENT
  • CONTINUING SECURITY
  • PRESERVATION OF MORTGAGEE’S RIGHTS
  • SET‑OFF
  • POWER OF ATTORNEY
  • ILLEGALITY, FORCE MAJEURE
  • AMENDMENT IN WRITING
  • MORTGAGE AS A DEED
  • COSTS
  • ENTIRE AGREEMENT
  • SEVERABILITY
  • MORATORIUM LEGISLATION
  • ASSIGNMENT
  • NOTICES
  • JURISDICTION

 

Agreement is 33 pages long

The National Credit Code regulates the provision of credit services, and exempts lawyers from requiring a licence to engage in certain credit activities. Lawyers may draft mortgage documentation for clients provided that they did not introduce the borrower and lender and are not associated with anyone who did. If a client comes to you with instructions to draft a mortgage for a borrower they have already selected, you are permitted to draft the mortgage documentation by virtue of your capacity as a lawyer. The legislation and rules are complex and you should refer to the source legislation if you are in any doubt as to whether your instructions fall within the permitted parameters or not. Links to all legislation and rules are provided throughout the commentary.  

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