Thanks to new digital proxy arrangements, it’s no longer essential to visit a notary to complete some legal transactions.
Citizens can now access a tool which allows them to execute notarial deeds without having to travel: a digital power of attorney can be granted to a notary employee, or some other person they are happy to trust, which allows a person to sign a deed of sale, a settlement or any other transaction, without having to be physically present in the notarial office.
To limit the spread of the coronavirus, current in-force measures aimed at restricting physical contact in notarial offices only allow the processing of the most urgent deeds. However, this measure is proving very difficult to apply, which is why, at the end of the Easter holidays, notaries will be authorised to prepare all kinds of deeds.
Provided people otherwise comply with precautionary health measures, the new digital power of attorney created by the federal government will allow them to complete a range of legal deeds remotely. The Ministry of Justice has proposed this practical solution both to avoid the need for citizens to travel and to protect the health of notaries and their colleagues. Many notarial deeds can thus be concluded in compliance with the measures in force to combat the spread of the virus: settlements, inheritance agreements, marriage contracts, company incorporations, deeds of sale, etc. So individuals will no longer have to visit a notarial office in order to fulfil such legal transactions, which meets one important current concern. This also means notaries will be able to action a further number of pending cases following the coronavirus health crisis.
For identification purposes, the relevant party will require an internet connection plus an electronic identity card with the correct PIN code or an “itsme” app. This is designed to be a simple procedure which everyone will be able to access. Signing the digital power of attorney is completely free: there will be no tax or administrative costs, and the notary will not receive an additional fee.
The notary will give advance warning that a video conference is to take place. And during that video conference, the notary will explain how the digital proxy signature operates and cover everything the subject needs to know about the project in hand. Finally, he confirms the different parties who will be bound by the digitally signed agreement. The citizen then chooses who will act on his behalf to implement the digital signing – a notary employee or another trusted person. That person must be physically present in the notary’s office on the day of the video conference. However, the individual handing over such proxy powers can be in any location at such moments: perhaps confined at home or in a nursing home, either in Belgium or abroad.
To avoid any further litigation, the power of attorney becomes valid immediately. Once all parties have signed the deed exercising a digital power of attorney, the notary will then register the document and send a copy to the various participants.