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 Original and Copy, docs

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TSpenanghomes
post Feb 26 2016, 07:51 PM, updated 10y ago

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Hi,

How do i know which is Original and Copy?

If original document, will it be stamped with the word ORIGINAL? or with red stamped?
TSpenanghomes
post Feb 26 2016, 08:01 PM

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QUOTE(YongSang @ Feb 26 2016, 08:59 PM)
One easy way is to look at the stamping value,  all copy are stamped rm 10.00 only
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Ok, but original doc will it be stamped with word ORIGINAL?
TSpenanghomes
post Feb 26 2016, 08:42 PM

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QUOTE(YongSang @ Feb 26 2016, 09:04 PM)
I forgotten, maybe other can help
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thanks, i checked, mine is copy coz stamping rm3 and rm10..so its only copy
shaniandras2787
post Feb 29 2016, 10:33 AM

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QUOTE(penanghomes @ Feb 26 2016, 07:51 PM)
Hi,

How do i know which is Original and Copy?

If original document, will it be stamped with the word ORIGINAL? or with red stamped?
*
QUOTE(YongSang @ Feb 26 2016, 07:59 PM)
One easy way is to look at the stamping value,  all copy are stamped rm 10.00 only
*
Depending on what type of documents you are referring to, not all copies of documents are stamped with RM10.00. Original sale and purchase agreements are stamped with RM10.00 only, financier's letter of guarantees are stamped with RM10.00, financier's original debentures are stamped with RM10.00 only.

There are 2 ways to determine if a document is an original copy of not:-

1) to see if there's any indication (usually by a stamp of the word "ORIGINAL") on the front page and the first page of the document; or
2) refer to the stamp certificate which will indicate the position of the document in a it series. if there are in total 4 copies of the documents being stamped, the original will indicate 1/4; or
3) principal documents (eg. tenancy agreement/facilities agreement) are easily distinguishable because they are stamped much higher, depending on the monthly rental/loan amount.

stamping office doesn't use "red stamps" anymore, they go by "flanking" which is green color. a small digital stamp symbol usually located on the top right of the document.

QUOTE(penanghomes @ Feb 26 2016, 08:42 PM)
thanks, i checked, mine is copy coz stamping rm3 and rm10..so its only copy
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RM3.00 o_O? what document is that?

TSpenanghomes
post Feb 29 2016, 02:16 PM

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QUOTE(shaniandras2787 @ Feb 29 2016, 11:33 AM)
Depending on what type of documents you are referring to, not all copies of documents are stamped with RM10.00. Original sale and purchase agreements are stamped with RM10.00 only, financier's letter of guarantees are stamped with RM10.00, financier's original debentures are stamped with RM10.00 only.

There are 2 ways to determine if a document is an original copy of not:-

1) to see if there's any indication (usually by a stamp of the word "ORIGINAL") on the front page and the first page of the document; or
2) refer to the stamp certificate which will indicate the position of the document in a it series. if there are in total 4 copies of the documents being stamped, the original will indicate 1/4; or
3) principal documents (eg. tenancy agreement/facilities agreement) are easily distinguishable because they are stamped much higher, depending on the monthly rental/loan amount.

stamping office doesn't use "red stamps" anymore, they go by "flanking" which is green color. a small digital stamp symbol usually located on the top right of the document.
RM3.00 o_O? what document is that?
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SNP and bank loan agreement

I called up my lawyer and they told me they cant find the file containing the Original docs.

I need those DOCS urgently.

What happens if they lost it? rclxub.gif
shaniandras2787
post Feb 29 2016, 06:14 PM

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QUOTE(penanghomes @ Feb 29 2016, 02:16 PM)
SNP and bank loan agreement

I called up my lawyer and they told me they cant find the file containing the Original docs.

I need those DOCS urgently.

What happens if they lost it? rclxub.gif
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Well, technically speaking what they told you is not an answer but rather an excuse. They need to know where the documents are at. They can't just "misplaced" stamped original documents laugh.gif

For what purpose do you need those documents for? Will a certified true copy do the same?


If the stamped original documents are lost then it's lost. Depending who lost it, that party will have to certified a true copy of it and then attached a duly affirmed and stamped statutory declaration reciting the facts.

If the property you are purchasing already had its individual document of title issued then losing the stamping original Sale and Purchase Agreement is not such a big deal but if it's not then..... good luck. The stamped original Facilities Agreement should already be with your financier. Has your financier disbursed the loan yet?
TSpenanghomes
post Feb 29 2016, 07:25 PM

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QUOTE(shaniandras2787 @ Feb 29 2016, 07:14 PM)
Well, technically speaking what they told you is not an answer but rather an excuse. They need to know where the documents are at. They can't just "misplaced" stamped original documents laugh.gif

For what purpose do you need those documents for? Will a certified true copy do the same?
If the stamped original documents are lost then it's lost. Depending who lost it, that party will have to certified a true copy of it and then attached a duly affirmed and stamped statutory declaration reciting the facts.

If the property you are purchasing already had its individual document of title issued then losing the stamping original Sale and Purchase Agreement is not such a big deal but if it's not then..... good luck. The stamped original Facilities Agreement should already be with your financier. Has your financier disbursed the loan yet?
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My dad is selling his leasehold shoplot ( strata not yet out )

The property developer is asking for the original docs,then they will give consent.

The property is free from financed,meaning after my dad paid full settlement, the financier forwarded all the original docs to the lawyer, this was in 2009.I dont think they hand over the original docs

This post has been edited by penanghomes: Feb 29 2016, 07:29 PM
shaniandras2787
post Mar 1 2016, 09:13 AM

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QUOTE(penanghomes @ Feb 29 2016, 07:25 PM)
My dad is selling his leasehold shoplot ( strata not yet out )

The property developer is asking for the original docs,then they will give consent.

The property is free from financed,meaning after my dad paid full settlement, the financier forwarded all the original docs to the lawyer, this was in 2009.I dont think they hand over the original docs
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True enough that selling of a leasehold commercial property still under master title requires the Developer's consent BUT I don't see the reasoning why the Developer would require the original documents before they would give the consent. The stamped original documents must not be given to anyone other than the owner of the Property, in which case, your dad. Have the sale and purchase agreement solicitors inquire the Developer on the basis of their request. It's a very odd request.

A Deed of Receipt & Reassignment would have been perfected back in 2009 then. How do you know that they financier return the stamped original documents to the solicitors?

My suggestion is if the solicitor still failed to provide you with a proper explanation or solution then I'd suggest going up to their firm and demand to have a look at their file. They can't be allowed to just "misplaced" stamped original documents and be expected to get away scot-free.

Threaten them that a report will be lodged with the Bar Council, if necessary. Speak to the partners, not the associates and definitely not the clerks because they wouldn't give 2 knicks about it since it's not their firm.

Let us know the updates!
TSpenanghomes
post Mar 1 2016, 12:17 PM

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Developers are asking as in their record books,the property is still under finance.

The financier returned the original docs to the solicitor...how i know...coz they CC letter to me that loan account is now closed and have forwarded original docs to solicitors for further documentation and discharge
TSpenanghomes
post Mar 2 2016, 03:30 AM

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QUOTE(shaniandras2787 @ Mar 1 2016, 10:13 AM)
True enough that selling of a leasehold commercial property still under master title requires the Developer's consent BUT I don't see the reasoning why the Developer would require the original documents before they would give the consent. The stamped original documents must not be given to anyone other than the owner of the Property, in which case, your dad. Have the sale and purchase agreement solicitors inquire the Developer on the basis of their request. It's a very odd request.

A Deed of Receipt & Reassignment would have been perfected back in 2009 then. How do you know that they financier return the stamped original documents to the solicitors?

My suggestion is if the solicitor still failed to provide you with a proper explanation or solution then I'd suggest going up to their firm and demand to have a look at their file. They can't be allowed to just "misplaced" stamped original documents and be expected to get away scot-free.

Threaten them that a report will be lodged with the Bar Council, if necessary. Speak to the partners, not the associates and definitely not the clerks because they wouldn't give 2 knicks about it since it's not their firm.

Let us know the updates!
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Thanks, i have spoken to the person who was handling it back in 2009 and she told me she still cant locate the original docs,infact she cant even locate the file folder !! she cant promise how soon she will find it !!

Its been a month now.
shaniandras2787
post Mar 2 2016, 09:03 AM

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QUOTE(penanghomes @ Mar 2 2016, 03:30 AM)
Thanks, i have spoken to the person who was handling it back in 2009 and she told me she still cant locate the original docs,infact she cant even locate the file folder !!  she cant promise how soon she will find it !!

Its been a month now.
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I suggest that you elevate this matter to the partners of the firm and if you are refused call then your only avenue is to lodge an official complaint to the Bar Council. Letting them know that you have appointed their firm to attend to your Deed of Receipt & Reassignment in 2009 however up until todate, there was no updates from them and not only that, upon inquiry, they told you that the file has been misplaced and that there's is no promise that same can be found.

Please also stress that the documents that they asserted have been misplaced are all stamped original documents which are vital to prove your ownership.

Negligent firms like these shouldn't be allowed to exist and truth be told, cease to exist as they are giving other legal firms in the town bad names. These solicitors always thought they could get away with anything because client does not know what avenues they have.

 

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