Tuesday, November 22,
He signed using the name David Black, which he was using generally as his name at the time he executed the documents. However, his legal name is David Brown, and he has more recently begun using that name instead of David Black.
The Bank is now concerned about whether its security is enforceable. However, there is a significant risk that the security documents, which have been registered under the name David Black in public registries, will not be enforceable against other creditors of the Debtor.
The switch from Black to Brown brings the protection afforded by registration into question. The Bank should take the following steps to protect its security.
The entire transaction does not need to be re-executed, because the contracts signed by the Debtor are valid as against the Debtor.
However, the security registration should be updated by a new filing reflecting the different name. One way would be to file notice of a change of name.
Given the uncertainty as to when the Debtor goes by Black, and when he goes by Brown, the better route is to file under both names. Although occasionally private Acts were used to formally establish changes of name, the most common pattern was for the name change to be effected by adoption, use and recognition in the community.
Legislation now governs legal name changes.
Tong Shun,  A. At page their Lordships stated: A person who signs, seals, and delivers a deed of covenant cannot avoid liability under the deed by signing a name which he represents as, but which is not in fact, his own, nor can he saddle such liability on the person whose name he uses, unless he is the duly constituted attorney of such person.
In summary, at common law one was entitled to use a name by which one was commonly known in the community. If one used a different name to sign a legal document, one would still be bound under that document.
Applying this rule to our facts, the Debtor is bound to the Bank under the security documents, even though he did not sign them using his legal name.
Registration regimes Difficulties with the common law rule have arisen in modern times because of registration regimes that are name-dependent. There are several recent cases debating this issue in the context of PPSA registrations.
Most of these cases deal with minor differences between the legal name and the registered name, such as an incorrect or missing middle initial, or a misspelled first name. I have not dealt with these cases. A small body of cases discusses the problems that arise with a significantly different given name.
An even smaller body of cases deals with differences in surnames. However, this is balanced against the problems caused to third parties trying to search the registry under the legal name and finding no security documentation registered under that name.
He was not aware that his birth certificate contained a different spelling of his surname.FACTS. An individual (the “Debtor”) executed security documents on his own behalf using a name which was not his legal name.
He signed using the name David Black, which he was using generally as his name at the time he executed the documents. 61 Legal Memorandum Format Sample On the following pages is a legal memorandum formatted the way your memos in this class should be formatted.
The substance of this memo comes from Appendix A of the Wellford text. APPENDIX 6 LEGAL MEMORANDUM EXAMPLE Below is a condensed student-written office memorandum that demonstrates how citations will look in a document.
Because underlining is an acceptable way to denote italics, and some law professors require students to underline citations, that typeface has been used.
This memorandum replaces Memorandum D dated September 19, The following changes have been made: 1. Guidelines for the use of Form A48, R.M.D. Correction (Release on Minimal Documentation) can be found in paragraphs 2. Paragraphs 11 and 12 "After Hours Procedures" have been removed and are now included under paragraph 45 and the Law Society of Upper Canada’s Bar Admission Course, recent Adjunct Professor at the University of The legal memorandum is the most formal, polished, and comprehensive written document for • Write this part last but present it first (i.e., before your detailed discussion) so that your reader.
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