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Meeting the HMLR requirements for deeds signed electronically

 

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In summer 2020, HM Land Registry (HMLR) announced that it will accept transfers and certain other deeds for registration, which have been electronically signed in accordance with the requirements laid out in section 13.3 of Practice Guide 8: execution of deeds (Practice Guide 8).

The e-signing process is an alternative to signing a deed in wet-ink or a virtual-signing in accordance with the Mercury protocols set out in section 12 of Practice Guide 8.

This document explains how conveyancers may use the Adobe Acrobat Sign platform to execute deeds in line with HMLR’s requirements in Practice Guide 8, where individuals are signing in the presence of a witness who attests the signature under section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989.

Where the deed is being signed on behalf of a company by two “authorised signatories” under section 44(2)(a) of the Companies Act 2006, no witness will be involved. However, HMLR has indicated that the requirements for executing the deed set out in Practice Guide 8 are to ‘be read accordingly’.

Note:

When HMLR refer to a ‘conveyancer’ they mean an authorised person within the meaning of section 18 of the Legal Services Act 2007 who is entitled to provide the conveyancing services referred to in paragraphs 5(1)(a) and (b) of Schedule 2 to that Act, or a person carrying out those activities in the course of their duties as a public officer. It also includes an individual or body who employs or has among their managers such an authorised person who will undertake or supervise those conveyancing activities (rule 217A of the Land Registration Rules 2003). To come within the definition of conveyancer in rule 217A of the Land Registration Rules 2003 an individual must be authorised under the Legal Services Act 2007 to provide conveyancing services; in effect they must have a practising certificate.

Note:

Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures. However, Adobe cannot provide legal advice. You should consult an attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Adobe provides this material on an "as-is" basis. Adobe disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.


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