What are your options if remote signing is not permitted under the circumstances?

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jakaria@
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Joined: Sun Dec 22, 2024 9:31 am

What are your options if remote signing is not permitted under the circumstances?

Post by jakaria@ »

Part of " Law 23" came into force upon its adoption. Among the provisions of immediate application, it is provided that there are still two media for the notarial deed: paper and technological media. Regardless of the medium used, the law now provides that the signing of a notarial deed is done in the physical presence of the notary . The remote signing of a notarial deed has become an exceptional measure. The notary may exceptionally, if circumstances require it, authorize a party or a witness who requests it to sign the notarial deed remotely.

You can ask the notary for permission to sign the deed australia business mailing list remotely. The notary may grant you this authorization if :

The exceptional criterion provided for by law is met;

Circumstances require it; and

This can be done while respecting the rights and interests of the parties.
In assessing these criteria, the notary must ensure that he can adequately perform the actions intrinsically linked to his mission as a public officer . Thus, if he assesses that remotely he will not be able to adequately exercise his duty to advise or that he will not be able to verify your capacity or aptitude effectively, the notary will refuse the remote signature.

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The law now regulates remote signing by requiring the notary to judge on a case-by-case basis based on the above criteria. Thus, the authorization granted to a buyer does not automatically apply to the seller and vice versa. In such a case, the technological notarial deed will be signed by one remotely and by the other in the physical presence of the notary.

The decision is not always obvious for the notary. Let's take the example of an immunocompromised person who asks his notary for authorization to sign his will remotely. In analyzing the criteria, the notary will obviously take into account his state of health, but not only. Add to the facts the invasive presence of a person who seems to want to dictate the wishes in place of the testator. In person, the notary can demand to be alone with his client to ensure that he gives free and informed consent. Remotely, even by asking the testator to walk around with his camera, there is always a possibility that this person has hidden and is influencing the testator. It is only after having evaluated everything that the notary will be able to give or refuse his authorization for the remote signature.
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