Malaysia legislation
Section 307
Section 307
Additional endorsements to be made pursuant to section 305
(1)
The additional endorsements and other entries referred to in paragraph 305(1)(d) are those specified in the following provisions of this section.
(2)
In the case of any lease, sublease or charge, the Registrar shall complete the duplicate thereof in the like manner as that required in respect of the original by paragraph 304(2)(b).
(3)
In the case of a surrender of any lease or sublease, the
Registrar shall—
(a)
endorse the original lease or sublease and its duplicate with the word “Cancelled”, together with a note of the reference under which the instrument of surrender is filed; and
(b)
where the interest surrendered was itself subject to a sublease, endorse a reference to the sublease against the copy of the memorial of surrender, together with a statement to the effect that the sublease is preserved by virtue of subsection 239(5).
(4)
In the case of a discharge of any charge, the Registrar shall endorse the original charge and its duplicate with a statement that the land or interest to which the charge relates has been discharged, together with a note of the reference under which the instrument of discharge is filed.
(5)
In the case of a certificate of sale, the Registrar shall endorse the original and duplicate of the charge for the breach of which the sale was effected with a statement that the land or interest to which the charge relates has been discharged, together with a note of the reference under which the certificate of sale is filed.
315
Act 828
Additional procedure where sale by chargee extinguishes subsequent charges 308.
Where, by virtue of subsection 267(1), the effect of registering any certificate of sale is to extinguish not only the charge for breach of which the sale was effected but also one or more charges subsequent thereto, the Registrar shall, in the case of each such subsequent charge (and in addition to cancelling the memorial and copy memorial thereof, as required by paragraph 305(1)(c))
endorse the original and, if able to secure its production, the duplicate thereof in the like manner as that provided by subsection 307(5) with respect to the original and duplicate of the first-mentioned charge.