The ACT land titles system had a makeover this year. Of particular importance are the strict identity verification requirements that came into effect as of 1 September 2020.
As of 1 September, lawyers and banks are required to complete a new verification and authorisation procedure. We must verify the identity of our clients and coordinate a client authorisation. This will be in addition to the existing buyer verification declaration and seller verification declaration forms required for tax and duty purposes.
The aim is to get the E-Conveyancing procedures running efficiently, with strong protections against fraud. However, please note this is not just for E-Conveyancing and will apply for in-person dealings as well
The verification stage requires roughly 100 points of ID and a face to face interview (or similar). With the changes that have come about in response to COVID restrictions, InfoTrack have developed a way to check ID remotely: ‘WebVOI’.
In addition to providing a digital copy of the 100 points worth of ID (passport and drivers licence), WebVOI requires you take a photo of yourself and record a video of yourself reading an automatically generated verification code.
InfoTrack will digitally match your video with the documentation and notify us that the process has been completed. Once notified, we move to the next stage.
Before we can certify and execute a LTO form on behalf of our clients, we must be authorised by our clients to do so. This is where the Client Authorisation Form (‘CAF’) comes in. Prior to completion, we must check (verify) our client is the legal person who has the right to deal with the land in question.
We are obligated to ‘take reasonable steps’ to verify our clients are authorised to deal with the property interest. As a seller, this means something like a current rates notice. As a buyer, the contract of sale. If you are a corporate client, we are required to do an ASIC search of the company and take reasonable steps to confirm the officers authorised to sign on its behalf.
The CAF can be signed electronically. We use an online electronic signature system called DocuSign for all our electronic signature requirements.
Using the DocuSign platform, we will send you an electronic copy of the Client Authorisation for you to sign. You will be prompted to e-sign for yourself and then the system will send the form off to the next person to e-sign.
It is a straightforward system – no need for a computer or a printer. You can sign on the go, using a smart phone!
Please see the following websites for more information about any of the above.
More information about ARNECC: The Australian Registrars’ National Electronic Conveyancing Council
More information about WebVOI
More information about DocuSign
Further details on modernisation of the ACT land titles system is available from Access Canberra.
Click here for Access Canberra’s Land title lodgements, registrations and searches Page
If you have any questions about any part of this process, please do not hesitate to reach out to the Morris Legal Group team. click here to start your property journey!