Captured source text (L5)
3.4 Conveyancer-certified electronic signatures: statements of truth
HM Land Registry can accept a statement of truth which has been signed using a conveyancer-certified electronic signature. The following requirements must be met.
The first requirement is that the signatory is represented by a conveyancer (unless the signatory is a conveyancer).
The second requirement is that a conveyancer is responsible for setting up and controlling the signing process through the platform.
The third requirement is that the steps listed below are followed:
- STEP 1 – The conveyancer controlling the signing process ensures that:
- the statement is uploaded to the platform
- the platform is populated with the name, email address and mobile phone number of the signatory
- the fields that need completing within the statement are highlighted.
- STEP 2 – The platform emails the signatory to give them access to the statement.
- STEP 3 – The platform texts the signatory an OTP, with a minimum of six numbers.
- STEP 4 – The signatory enters the OTP and then signs and dates the statement. They also add their full name beneath the signature if it has not already been added.
- STEP 5 – The statement must be uploaded to HM Land Registry by a conveyancer. It must be in the form of a PDF or a print-out of the PDF which is certified to be a true copy of the original statement. The conveyancer must also upload a certificate in the following form: “I certify that, to the best of my knowledge and belief, the applicable requirements set out in practice guide 82 for the use of conveyancer-certified electronic signatures have been satisfied.” The certificate needs to be dated and signed by an individually regulated conveyancer, their full name and firm or employer must be added and the statement of truth for which the certificate is given must be specified. [Appendix 2](#appendix-2) contains an example of an acceptable certificate.
This certificate will be read by HM Land Registry as referring to the requirements as they were on the relevant date. This means that if, for example, the requirements in respect of the signing process change but the signing process has been completed before the date on which the requirements changed, the certificate will be read as referring to those particular requirements as they were before the change.
If the certificate is given by an individually regulated conveyancer who was not responsible for setting up and controlling the signing process through the platform, they will, of course, need to be satisfied that the statement was duly signed, but the qualified terms of the certificate should be borne in mind.
The registrar will rely on the conveyancer’s certificate uploaded with the application. Any audit report or certificate of completion issued by the platform must not be uploaded with the application but should be retained. It may contain personal data and would be open to public inspection.
Full captured verbatim text
HM Land Registry can accept a statement of truth which has been signed using a conveyancer-certified electronic signature. The following requirements must be met. The first requirement is that the signatory is represented by a conveyancer (unless the signatory is a conveyancer). The second requirement is that a conveyancer is responsible for setting up and controlling the signing process through the platform. The third requirement is that the steps listed below are followed: - STEP 1 – The conveyancer controlling the signing process ensures that: - the statement is uploaded to the platform - the platform is populated with the name, email address and mobile phone number of the signatory - the fields that need completing within the statement are highlighted. - STEP 2 – The platform emails the signatory to give them access to the statement. - STEP 3 – The platform texts the signatory an OTP, with a minimum of six numbers. - STEP 4 – The signatory enters the OTP and then signs and dates the statement. They also add their full name beneath the signature if it has not already been added. - STEP 5 – The statement must be uploaded to HM Land Registry by a conveyancer. It must be in the form of a PDF or a print-out of the PDF which is certified to be a true copy of the original statement. The conveyancer must also upload a certificate in the following form: “I certify that, to the best of my knowledge and belief, the applicable requirements set out in practice guide 82 for the use of conveyancer-certified electronic signatures have been satisfied.” The certificate needs to be dated and signed by an individually regulated conveyancer, their full name and firm or employer must be added and the statement of truth for which the certificate is given must be specified. [Appendix 2](#appendix-2) contains an example of an acceptable certificate. This certificate will be read by HM Land Registry as referring to the requirements as they were on the relevant date. This means that if, for example, the requirements in respect of the signing process change but the signing process has been completed before the date on which the requirements changed, the certificate will be read as referring to those particular requirements as they were before the change. If the certificate is given by an individually regulated conveyancer who was not responsible for setting up and controlling the signing process through the platform, they will, of course, need to be satisfied that the statement was duly signed, but the qualified terms of the certificate should be borne in mind. The registrar will rely on the conveyancer’s certificate uploaded with the application. Any audit report or certificate of completion issued by the platform must not be uploaded with the application but should be retained. It may contain personal data and would be open to public inspection.