HM Land Registry has begun accepting witnessed electronic signatures for legal property documents.
The new process involves a conveyancer uploading the deed to an online platform which sends a link to the signatories. Once authentication checks are completed they ‘sign’ the document electronically in the physical presence of a witness who then also signs. The conveyancer is notified that the signing process has been concluded and, once they can submit it to Land Registry with their application for registration.
The online platform includes two-factor authentication of the signatories and witness accessing the deed, with a link to the document emailed, followed by an authentication code sent to the individual’s mobile phone.
Land Registry chief executive Simon Hayes said: “What we have done today is remove the last strict requirement to print and sign a paper document in a home buying or other property transaction - this should help right now while lots of us are working at home, but it is also a keystone of a truly digital, secure and more efficient conveyancing process that we believe is well within reach."
Land Registry recently began accepting deeds that have been signed using the Mercury signing approach, which involves a signature being witnessed in person then being scanned or photographed and the image sent by email.
The government body is working with the sector on the potential introduction of qualified electronic signatures - a form of digital signature in which the signatory has to meet the identification requirements of a qualified trust service provider.
Work has also started on whether digital identity checking technology used in other sectors can be encouraged in the conveyancing industry to increase resilience against fraud and improve the ease of buying and selling.
Matt Tuson, EMEA managing director at Conga, a specialist in digital document transformation, commented that during lockdown, property dealings have been affected by the inability to physically sign a document.
"By validating witnessed electronic signatures for everyday property transactions, Land Registry not only encourages a more effective conveyancing process, that makes it faster and easier for people to move home, but encourages other businesses to embrace digital in this challenging environment.
“While there may be some initial security concerns, electronic signatures today have robust security precautions in place," he continued, adding: "Indeed, electronic signature technology must meet industry-recognised physical and technological security standards that guarantee secure transactions, which can significantly minimise fraud, especially when handling or approving documents for the conveyance of property."
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