Due to COVID-19, many organisations have been operating remotely which has made traditional business processes insufficient. HM Land Registry has announced and confirmed that they will now be accepting registration of a transfer deed or other form of dispositionary deed that is signed electronically. This will now allow for greater flexibility, convenience and an enhanced signing experience when doing business with HMLR in the UK.
What deeds can be signed electronically?
HM Land Registry will be accepting the following deeds that have been signed electronically:
- A deed that effects one of the dispositions referred to in section 27(2) and (3) of the Land Registration Act 2002.
- A Discharge or release in form DS1 or form DS3.
- Equivalent deeds in respect of unregistered land.
- An assent of registered or unregistered land.
- A power of attorney other than a lasting power of attorney.
You can view the full guidance here.
What are the HMLR requirements to complete electronic signatures?
HM Land Registry will require the following in order to complete contracts and agreement using an electronic signature:
1. All parties must agree to the use of electronic signatures and a platform in relation to the deed.
2. All parties have conveyancers acting for them and the conveyancer is responsible for setting up and controlling the signing process through the platform.
3. The signing and dating process follows specific required steps.
4. The conveyancer who lodges the application does so by electronic means and includes with the application a PDF of the completed deed.
5. The conveyancer lodging the application (including an application for first registration) provides the following certificate: “I certify that, to the best of my knowledge and belief, the requirements set out in practice guide 8 for the execution of deeds using electronic signatures have been satisfied.”
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Malcom Perryman, Royal Institution of Chartered Surveyors
As the RICS vetted and preferred eSignature solution, BlueInk has helped many individuals and organizations in the UK succeed with eSignatures. The BlueInk platform meets the HMLR guidelines for conveyancing, and we are constantly monitoring guidance from HMLR to ensure ongoing compliance.
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