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Remote Notarization: Executing Documents during Coronavirus Crisis with Video Technology, Lecture notes of Law

Guidance on the execution of documents by a Notary Public or a Solicitor during the coronavirus crisis, using video technology for remote notarization. The Coronavirus (Scotland) (No2) Act 2020 Schedule 4, part 7 has relaxed the rules for physical presence, allowing for remote authentication of signatures and execution of documents. the process for using video technology, including identification and verification of the individual, ensuring the document is the same, and recording the video conference or taking screen capture photographs. It also covers the requirements for recording the procedure and obtaining consent for recording or taking photographs.

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2021/2022

Uploaded on 09/27/2022

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Download Remote Notarization: Executing Documents during Coronavirus Crisis with Video Technology and more Lecture notes Law in PDF only on Docsity! Law Society of Scotland Guidance - Notary Public - execution of document - updated 17 June The Coronavirus (Scotland) (No2) Act 2020 Schedule 4, part 7 came into effect on 27 May 2020 and has made changes to the requirements for the personal presence of a notary or solicitor when executing certain documents. Schedule 4 part 7 states: (1) The following requirements (however expressed) do not apply - (a) a requirement for a relevant person to be physically in the same place as another person when that person - (i) signs or subscribes a document, (ii) takes an oath, or (iii) makes an affirmation or declaration, (b) a requirement for another person to be physically in the same place as a relevant person when the relevant person signs or subscribes a document. (2) In this paragraph - “relevant person” means - (a) a solicitor, (b) an advocate, (c) a notary public, “requirement” means a requirement arising from an enactment or rule of law. (3) For the avoidance of doubt - (a) the requirements described by sub-paragraph (1)(a) include a requirement that may be fulfilled by the physical presence of a professional of a type not mentioned in the definition of “relevant person” as well as by a professional of a type that is (for example, it includes a requirement for the physical presence of a solicitor or a registered medical practitioner), but (b) sub-paragraph (1) only causes such a requirement not to apply in relation to a professional of a type that is mentioned in the definition of “relevant person”. What this means for notarising documents Schedule 4 Part 7 has relaxed any rule of law or statute which requires a solicitor or advocate (s9 of the Requirements of Writing (Scotland) Act 1995) or notary (general notarial law) to be physically present when the granter signs a document where physical presence would have ordinarily been needed. It does not affect the ordinary law which requires witnesses to certain types of document such as wills or registerable deeds where there is no need for a solicitor or notary to be present. This approach is limited by the validity of the Coronavirus legislation. Accordingly a solicitor or notary may authenticate the subscription or execution of a document remotely using video technology during the coronavirus crisis whilst social distancing measures or the provisions of the Health Protection (Coronavirus), (Restrictions) (Scotland) Regulations 2020 apply to preclude meeting individuals in person. The solicitor or notary must be satisfied that the procedure followed will not preclude the acceptance of the document concerned by the jurisdiction where it is ultimately received. This guidance acknowledges that there are other ways to authenticate the execution of a document remotely but video technology should make execution of documents under section 9 of the Requirements of Writing (Scotland) Act 1995 and notarial documents easier for individuals and notaries who cannot be physically present together for the execution of such documents. 1. Interpretation In this guidance: • “video technology” means any electronic device or process that facilitates communication of visual images and audio in real time between a notary and a remotely located individual, including a remotely located individual who has visual, hearing or speech impairment: • “remotely located individual” means an individual who is not in the physical presence of the notary who wishes to have the execution of a document authenticated by a notary or who is blind or unable to write and wishes a solicitor to carry out the execution of a document under section 9 of the Requirements of Writing (Scotland) Act 1995) and ‘individual’ shall be interpreted accordingly. 2. Notarial acts using video technology (a) A notary may, subject to the conditions set out in paragraph 4, use video technology to certify the execution of a document signed (including by electronic signature) by an individual by means of a notarial act. (b) Both parties should begin the process by each having an unsigned version of the document, in relation to which notarial acts are to be performed, which can be transmitted one to the other via post, fax, email or other electronic means. The individual will require to provide the notary with documents necessary to satisfy the notary as to their identity having regard to the Coronavirus Guidance on Non Face-to- Face Identification and Verification published by the Society (available on this page under Practice Updates Non face-to-face identification and verification) which provides guidance on client identity verification using video conferencing. The notary can use free basic software products that enable video conferencing to assist with the identification and verification process. This is a more manual process and where personal or sensitive information supporting identity verification is sent by email or other electronic means, the notary should consider taking additional steps to mitigate security risks, including, where appropriate, encryption. To undertake manual identification and verification, the notary should follow this process: