Acuitus 15/12/2022 Important Auction & Property Update
ADDENDUM
To the Catalogue for
Auction Sale: 15 December 2022
All Lots
The purchaser of each lot is deemed to purchase with notice and full knowledge of the important notice to bidders, the Common Auction Conditions, where applicable, the special conditions of sale and this addendum.
The purchaser of each lot is deemed to have inspected the property and have verified the accuracy of all information given in the particulars including the extent of the premises to be sold and the floor areas. Additionally, the purchaser is deemed to have read the legal documentation.
The boundary plans in the auction catalogue are for identification only. The correct title plan showing the boundaries of the properties are available for inspection and the purchaser will be deemed to have purchased with full knowledge thereof.
Please note that vendors may require a supplementary amount to be paid by the purchaser to the vendor over and above the purchase price. Please check the special conditions of sale to ascertain whether this applies to the property for which you are bidding.
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 came into force on the 26th June 2017.
Under the Regulations, Acuitus is legally required to immediately undertake customer due diligence checks on the buyer and related parties.
Acuitus will need to receive identification documents that satisfy the Regulations for the bidder, the buyer (if different from the bidder), the beneficial owners with more than 25% of the voting rights or capital and proof of authority if the bidder is acting as an agent.
Acuitus will also need to receive satisfactory identification on the source of the deposit money provided by the bidder/buyer.
If you are the successful bidder, Acuitus requires a separate payment of £1,500+VAT as a buyer's administration charge payable to Acuitus Limited upon exchange of contracts. A VAT receipt will be provided upon payment.
The Common Auction Conditions have been updated as at June 2024.
Lot 38
Holiday Inn and Holiday Inn Express, Parkway East, Bridge of Don, Aberdeen, AB23 8BL
The following response is being provided for the benefit of the Seller and can only be relied upon by the Seller and may not be relied upon by any third parties who should take their own legal advice.
The Companies Act 2006 (section 1012) states that when a tenant company is dissolved, its interests, including any interest in leasehold property, falls to the Crown as those interests become ownerless property. In Scotland, the Crown is represented by the KLTR (King''s and Lord Treasurer''s Remembrancer).
The KLTR must be given an opportunity to decide whether it wants to retain the leasehold property or reject (disclaim) it. In most instances, the KLTR disclaims the property. Once the KLTR has disclaimed the lease and issued a Notice of Disclaimer, or the lease has been irritated with the KLTR as the tenant, the lease is terminated. The effect of the Notice of Disclaimer is that the now dissolved company''s interests as tenant in the property are terminated. The Notice will be published in the Edinburgh Gazette