Dealing with an overseas company

I am dealing with a purchase where the seller is a company registered in Guernsey. Clause 5.2 of your practice guide 78 provides that accompanying evidence is required (including a letter from a qualified lawyer practising in or familiar with the domestic legislation of the territory of incorporation) to establish that the manner of execution used is indeed effective according to the law of the territory of incorporation. An “overseas company” to which this guidance refers specifically includes a company registered in the Channel Islands.

However the seller's solicitor has argued that this company has sold lots of other properties and no queries have been made by the Land Registry as to evidence of whether the company has signed in accordance with local laws.

Please confirm the correct position.

Laura - Perhaps the paragraph set out below from section 5 of the Practice Guide 78 helps to clarify our position:

2Unless the overseas company is already the proprietor of the land or charge, we will need to see evidence of their corporate status, which may consist of either a certificate in Form 7 provided by a qualified lawyer practising in the territory of incorporation or a certified copy of the constitution of the corporation - see Evidence required on registration of overseas company as proprietor of an estate or charge." 

Appreciated, thank you.