Certification of Transfers under EC - the 4 tick boxes

Under EC the lawyer / conveyancer will need to tick 4 check boxes certifying

1. You have verified the identity of his/her client


2. You hold a properly completed and signed authorisation to sign and lodge the instrument on the client’s behalf


3. You have thoroughly examined and retained copies of all documentation necessary to support the instrument


4. You believe to the best of his/her knowledge at the time that all of the information provided in the instrument is correct.

Sample of an EC(Vic) Discharge Mortgage with the 4 tick boxes

In more detail
Certifying compliance with identity verification requirements
This certification will give all other practitioners and the Land Registry confidence that the practitioner has followed the prescribed procedures in verifying the identity of his/her client, including where necessary meeting the client face-to-face, sighting the originals of all identity documents and verifying the authenticity, and retaining all prescribed documentation. It is a certification of having followed a prescribed procedure and may protect the practitioner from a negligence claim if the identity is subsequently proven to be false.

Certifying holding a properly completed Client Authorisation
This certification will give all other practitioners and the Land Registry confidence that the practitioner has entered into a sufficient and properly documented agreement with his/her client to represent their interests in signing and lodging the instrument. The certifications will give all practitioners in the same transaction confidence they can rely on the other practitioners’ having the authority to sign on behalf of their respective clients.

Certifying having examined all necessary supporting documentation
This certification will give all other practitioners and the Land Registry confidence that the practitioner has thoroughly and carefully examined and retained copies for the prescribed period of all documentation necessary to support the instrument. Depending on the circumstances, the supporting documentation might be a probate or death notice, a statutory declaration, a certificate of title, or a marriage certificate, for example.

Certifying correctness to the best of the practitioner’s knowledge
This certification will give all other practitioners and the Land Registry confidence that the practitioner has checked all of the information presented in the instruments and to the best of his/her knowledge believes it to be correct and not misleading.

Source EC NSW newsletter Nov 06

Observation.
Identification. Isn’t it about time that land registries and practitioners address the question and issue of identity. Under current rules there is no requirement to identify our client. We can represent any client, prepare and lodge a transfer without checking their identity. Lets say a client pays cash for a property, no mortgage. This client can use any name or alias. No 100 point check required.

Ditto if a client was to act for him or herself. The Land Registry and State Revenue Office don't require proof of identity. Yet you need 100 point proof of identity to open a simple bank account.

And yet going forward, it is still clear parties can elect to go electronic or stick with the manual paper system. Will 100 point ID be required if you still decide to lodge a Transfer over the counter?