CHAPTER 2. PROCEDURES FOR LAND TRANSACTION AND REGISTRATION
2.11. CHANGES (ANNOTATIONS) ON PERSONS
All transactions in this section will aim at modifying or annotating information related to the right holder (the person), this will relate to
For natural persons:
Adding, cancelling or changing a name in the records and/or modifying the civil status.
Annotating the record for bankruptcy of the right holder or changing the domicile of the right holder.
For legal persons: modification of legal status (privatisation, company transformation, etc.) This will lead to a change in the non-spatial component of the LAIS database, namely adding, cancelling, modifying or annotating the information on the right holder but there will be no change in right and on the parcel, therefore no changes will appear in the spatial component of the LAIS database.
In case of adding (marriage, co-ownership), cancelling (death of one of the spouses), changing name (e.g. in case of divorce, pronounced by Court and/or Gazetted) and modifying civil/legal status the right holder will receive a new Certificate.
In the other cases (bankruptcy or changing domicile), the right holders will not receive new land titles for these transactions, only annotations.
As all the transaction processes will be more or less the same for all the cases mentioned, the process will only be described once hereafter.
Transaction name: Changes (or annotations) on persons
Objectives of the transaction: Modify or annotate information related to the right holder. Reasons and conditions for transaction
The transaction will be related to:
Adding (e.g. in case of marriage), cancelling (e.g. in case of death of one of the spouses or divorce) or changing a name (e.g.: spelling mistake; in case of divorce, pronounced by Court and/or Gazetted) in the records and/or modifying the civil status (e.g. change of identity card) or the domicile (e.g. move) of the right holder
Change of legal status in case of a legal person
Annotating the record in the database for bankruptcy of the right holder
As there is no change no change in the parcel on which right is hold and no change on the rights hold on the parcel, there will only be correction in the non-spatial component of the LAIS database and no new land titles will be issued, only a notification to the right holder. However, bankruptcy of the right holder can lead to a Seizure on the parcel (see Seizure in
paragraph 8.2) Required documents
In the case of adding, cancelling or changing a name in the records and/or modifying the civil status of the right holder:
Documents needed for all transactions (as stated on page 19) Application form for change, with motivation
Proof of change: Court judgment or extract from civil status records; for change of domicile, proof of change of domicile
Emphyteutic Lease Contract of the parcel
Certificate of Registration of Emphyteutic Lease of the parcel
Or, Conditional Freehold Title or Freehold Title, in case of Conditional Freehold Title or Freehold Title of the parcel
In case of bankruptcy or change of domicile of the right holder: Documents needed for all transactions (as stated on page 19) Court judgment on bankruptcy of the right holder
Proof of change of domicile prepared by the Cell Executive Secretary of the new domicile Emphyteutic Lease Contract of the parcel
Certificate of Registration of Emphyteutic Lease of the parcel
Or, Conditional Freehold Title or Freehold Title, in case of Conditional Freehold Title or Freehold Title of the parcel
In case of change of legal status of a legal person
In case of change from public owned property to private owned property (privatisation): signed agreement between Government of Rwanda’s competent authority and the interested parties
In case of company transformation (fusion, cession, etc.): General Assembly report confirming the transformation
Company registration Certificate issued by RDB where necessary or Cooperative registration (in case of change from cooperative to company) or Certificate RCA (in case of change from company to cooperative)
Power of attorney for the legal representative In case of Local NGOs and non-profit organisations:
Certificate of registration from Rwanda Governance Board Power of attorney for the legal representative
In case of INGOs
Valid INGOs registration Certificate issued by competent authority (Directorate general of immigration and emigration)
Power of attorney for the legal representative In case of Professional Body
Law establishing the professional body Power of attorney for the legal representative Triggering document
Administrative documents: For a natural person
Court judgment or extract from civil status records in case of adding, cancelling, changing name and/or modifying civil status, or
Proof of change of domicile prepared by the Cell Executive Secretary of the new domicile in case of change of domicile, or
Court judgment on bankruptcy
For a legal person: Proof of change of legal status
Signed agreement between Government of Rwanda’s competent authority and the interested parties in case of privatisation, or
General Assembly report confirming a company transformation, or Certificate of registration from Rwanda Governance Board for a NGO, or Valid INGOs registration Certificate issued by competent authority, or Law establishing a professional body
Output documents
In case of adding (marriage, co-ownership), cancelling (death of one of the spouses), changing name and modifying civil status:
New Emphyteutic Lease Contract of the parcel New Certificate of Registration of Full Freehold Title In the other cases (bankruptcy or changing domicile):
Annotation in the LAIS database (non-spatial component only) of the Change Notification of the annotation to the right holder
In case of change of legal status
New Emphyteutic Lease Contract of the parcel New Certificate of Registration of Full Freehold Title
111 Description of the process
Applicant District Land Office Deputy Registrar Office
(1) Compile documents for changes (annotations) on persons and apply (2 to 6 + 9) Check completness
and validity of the documents Book and Accept
application Feedback Notify Rejection Request for rectification Notification Documents for changes on persons Rejection Request for rectification Notification Changes on persons data (8 + 9 + 11) Approve changes (annotations) on persons (15) Issue Certificate Duplicate of Certificate Duplicate of Certificate (7 + 10) Process changes (annotations) on persons Approval or Refusal (11 + 12) Generate signed Certificate + Update LAIS LAIS data Request for Approval Original Certificate (13 + 15) Print and Seal
Certificate (14) Store original Certificate Certificate data Right holder Right holder
Nr. Description Responsible Remark/Status in relation to LAIS 1 Compile documents for request for
changes/annotations on persons and apply to DLO20 Right holder or Officer of law (in case of bankruptcy) or Legal representative (in case of a legal person)
See above for Required documents, depending on the particular case for a natural person (change in name or civil status; bankruptcy) or a legal person (change of legal status)
2 Check completeness and validity of the documents received
DLO 3 If documents complete and valid,
proceed with entering the request in the LAIS
DLO Book: check Conditions for
Booking 4 Otherwise, return the documents to the
Right holder
DLO With mention of the reasons for not booking
5 Check for requirements on the documents and enter corresponding data (scan and store) in LAIS
DLO Accept: check Conditions for Acceptance
6 Otherwise, return the documents to the Right holder
DLO With mention of the reason(s) for refusal
7 Process the changes/annotations on persons
DLO Process
8 Approve the changes/annotations on persons
Deputy Registrar
Approve 9 Otherwise refuse the changes/
annotations on persons and if needed send a request for rectification
Deputy
Registrar + DLO
Changes in the LAIS are reversed and returned to the “accepted” status
10 Re-process DLO
11 Approve, Sign and Seal (generate either new Lease Certificate, with the electronic signature/seal of the Deputy Registrar + Generate Lease Contract or just an annotation in the database)
Deputy Registrar
Approve, Sign and Seal (electronically)
12 Update the LAIS database Deputy
Registrar 13 Physically print and seal the new Lease
Certificate and Lease Contract
Deputy Registrar Office
Onlyi case of adding (marriage, co-ownership), cancelling (death of one of the spouses), changing name and modifying civil status
In case of bankruptcy or changing domicile only annotation in the database and notification to the right holder 14 File the original of the Lease Certificate
at the Deputy Registrar Office
Deputy Registrar Office 15 Provide the Right holder with a
duplicate of the Lease Certificate and Lease Contract or with Notification of annotation in the Register
Deputy Registrar, through the DLO
In case of adding (marriage, co-ownership), cancelling (death of one of the spouses), changing name and modifying civil status:
New Emphyteutic Lease Contract of the parcel
20
113
Nr. Description Responsible Remark/Status in relation to LAIS
New Certificate of Registration of Full Freehold Title.
In the other cases (bankruptcy or changing domicile):
Annotation in the LAIS database (non-spatial component only) of the Change
Notification of the annotation to the right holder
APPLICATION FORM FOR CHANGES ON
NATURAL PERSONS
Person information I/We: --- Status: --- ID/Passport: --- Address: --- Telephone number: --- E-mail: --- Kindly request for changes on natural personsParcel information UPI: --- City of Kigali/Province: --- District: --- Sector: --- Cell: ---
Motivation for the request for changes on natural persons --- --- --- Required documents for the transaction
Physical presence or representation with certified Power of Attorney or Court decision Proof of identity
Extract of marriage certificate or certificate of celibacy
In case of adding, cancelling or changing a name in the records and/or modifying the civil status of the right holder: Extract of the Official Gazette or Court judgment or extract from civil status records
For change of domicile: proof of change of domicile prepared by the Sector Executive Secretary of the new domicile
Emphyteutic Lease Contract for the parcel
Certificate of Registration of Emphyteutic Lease for the parcel Conditional Freehold Title or Freehold Title for the parcel
115
Date of application Signature of the applicant(s)
Received and verified by the District Land Officer from: --- ---
Date: ---
Stamp Signature: ---
APPLICATION FORM FOR CHANGES ON
LEGAL PERSONS
Person information Company/NGO/Professional association/Church/Cooperative/Other: --- --- I (authorised representative): --- ID/Passport: --- Address: --- Postal address: --- Telephone number: --- E-mail: --- Kindly request for changes on legal personsParcel information UPI: --- City of Kigali/Province: --- District: --- Sector: --- Cell: ---
Motivation for the request for changes/annotation on legal persons --- --- --- Required documents for the transaction
Physical presence or representation with certified Power of Attorney or Court decision Proof of identity
In case of change from public owned property to private owned property (privatisation): signed agreement between Government of Rwanda’s competent authority and the interested parties In case of company transformation: General Assembly report confirming the transformation and Company registration Certificate issued by RDB
In case of Local NGOs and non-profit organisations: Certificate of registration from Rwanda Governance Board
In case of INGOs: Valid INGOs registration Certificate issued by Directorate General of Immigration and Emigration
In case of Professional Body: Law establishing the professional body Emphyteutic Lease Contract for the parcel
Certificate of Registration of Emphyteutic Lease for the parcel Conditional Freehold Title or Freehold Title for the parcel
117
Date of application Signature of the applicant(s)
Received and verified by the District Land Officer from: --- ---
Date: ---
Stamp Signature: ---