Can my notary refuse to sign a notarial deed remotely?

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jakaria@
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Can my notary refuse to sign a notarial deed remotely?

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During the pandemic, you signed the purchase of your property by technological notarial deed. You did it in the comfort of your home and you appreciated it. Today, you want to make an appointment to make your will and the notary tells you that you will have to come to his office to sign. Is the notary entitled to refuse you to sign the notarial deed remotely?

Since October 24, 2023, a new law governs the notary profession. It is still possible to sign a notarial deed without going to the notary's office, but this measure has become exceptional.

A bit of history

Before the state of health emergency, the technological find phone number germany notarial act did not exist. However, work had been underway for several years on the development of a solution that would meet the highest security standards.

When the pandemic hit in March 2020 and the government declared a state of health emergency, notaries were on the list of essential services. This is also why you were able to complete the purchase of your property while most businesses were closed.

It was not easy for notaries to continue offering their services while respecting social distancing rules. For example, many offices were not spacious enough to receive sellers and buyers at the same time, forcing notaries to hold multiple interviews for the same deed. During the state of health emergency, the government authorized a temporary technological solution allowing notaries to receive their clients remotely and sign the deed without going to the notary's office.

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The solution developed was not perfect, but it met the immediate and temporary needs caused by the pandemic. Contrary to expectations, the state of emergency lasted for more than 2 years. Like teleworking, the technological notarial act managed to prove itself during this time. In June 2022, when the state of emergency was lifted, it appeared difficult, if not impossible, to withdraw the technological act (like teleworking) and return to the pre-pandemic normal. By renewable decree, the temporary solution dictated by the pandemic was therefore renewed from year to year until the adoption of Law 23 aimed at modernizing the notarial profession ("Law 23") , on October 24, 2023.
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