Real Estate Tip of the Week: E-Signatures now accepted by the Land Registry

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Real Estate Tip of the Week: E-Signatures now accepted by the Land Registry

Published 21 agosto 2020

HM Land Registry (HMLR) will until further notice accept for registration transfers and certain other deeds that have been electronically signed provided that certain requirements are met, including:

  1. All the parties agree to the use of electronic signatures and a platform in relation to the deed.
  2. All the parties have conveyancers acting for them.
  3. A conveyancer is responsible for setting up and controlling the signing process through the platform.
  4. The following form of secure signing and dating process must be followed:

STEP 1 – The conveyancer controls the signing process.

STEP 2 – The platform emails the signatories to let them know the deed is ready to sign.

STEP 3 – To access the deed on the platform via the email they have received, the signatories are required to input a one-time password (OTP) sent to them by text message by the platform. The OTP must contain a minimum of six numbers.

STEP 4 – The signatories enter the OTP and sign the deed in the physical presence of the witness, with the date and time being automatically recorded within the platform’s audit trail.

STEP 5 – Having observed the signatory sign the deed, the witness will receive an email from the platform inviting them to sign and add their details in the space provided in the attestation clause. The witness inputs an OTP sent to them by text message by the platform, signs and adds their address in the space provided, with the date and time being automatically recorded again.

STEP 6 – Once the signing process has been concluded, a conveyancer effects completion of the deed by dating it within the platform.

Whilst this new guidance has been expressed as applicable “until further notice”, this modern technology may be here to stay.

If you would like to discuss any of the points in this update further please reach out to your DAC Beachcroft contact.

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