Conveyancing Association (CA) has launched a new guide for conveyancing firms to help them understand and utilise digital signatures, electronic signatures and e-signature platforms.
The new guide seeks to help firms understand the main differences between digital and electronic signatures, and what is acceptable to HM Land Registry covering options such as Mercury Signatures, Conveyancer Certified Signatures, and Qualified Electronic Signatures.
It also provides information on how firms can communicate with clients on the importance of digital signatures and the options available to them, including awareness on the differences between wet-ink signatures and digital ones.
The guide urges firms to collaborate closely with lenders to understand their specific requirements and preferences in this area, including whether they will accept digital signatures.
The CA is involved with the Working Group chaired by UK Finance (UKF) to enable lenders who will accept digital signatures to include this in their Part 2 responses to the UKF Lender Handbook, which is being digitalised this year to make it more accessible digitally to lenders, advisers and conveyancers alike.
The guide also asks firms to stay informed of updates and guidance in this area, particularly from HM Land Registry, and suggests they consider adopting the Simple Electronic Signature Platform Approach as a transition towards more advanced digital signature solutions.
Firms would need to assess its suitability for clients and cases, bearing in mind that the future of digital signatures may evolve further with Qualified Electronic Signatures.
Beth Rudolf, director of delivery at the CA, commented: “The use of digital and electronic signatures within the home buying and selling process has the potential to provide a variety of benefits, not just in terms of helping tackle potential fraud – a significant risk for conveyancing firms – but also with regards to helping speed up the whole process, given that securing signatures can be both labour and time-intensive, not to mention reducing the 30% of requisitions raised by HM Land Registry because the parties names, witness details or choice of witness are incorrect for the execution of the Deed.
“Having a quicker and more secure way of doing this clearly brings benefits, but this is also an area that is changing, and could change further in the future with a move towards Qualified Electronic Signatures. It therefore makes sense for us at the CA to launch an initial Guide for firms in this area which we will update as and when required, but can also be used as a strong starting point in terms of firms educating themselves.
“The Law Commission’s report, and the Land Registry Practice Guide 82, highlights what is, and is not, currently legal and acceptable to HM Land Registry, and it’s important that firms have this knowledge, and utilise this information before they progress. Plus they need to understand the differences, the platforms available, and how they might best be integrated into their businesses, and how they communicate with both client and lender to ensure they are fully linked-up with their needs and requirements.
“This guide is now available via the downloads section of the website and we urge members to access a copy to ensure they get the information they need.”
What a shambles.
Such a system is left for the last minute brigade, the outfits who don’t bother to have the contract/transfer approved by the opposite conveyancer and who sign up to blank names.
And on top of that we already have conveyancers breaching the Protocol undertakings all over the place by not even holding a wet ink signed (or Docusigned) contract in their hands when they exchange, then never sending the wet ink part to their opposite number.
It is one of the most depressing things to hear on exchange ‘let me get the contract up on screen’ – you feel so sorry for their clients, as where else have they been cursory and last minute?
Stop giving tech to very shoddy conveyancers. cull the number of conveyancers out there, be left with quality and then ask the quality ones, “are electronic signatures what you want ?”- of course not.
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Do not say that to Rib Hailstone he thinks all conveyencers are martyrs
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No one else to annoy today Jan? Or are you just trying to Rib Rob:) I don’t think I have ever said that. All of the conveyancers I know (and of course I don’t know them all) are hardworking and conscientious. I think some individuals however, maybe let down by a lack of training and support.
Why Targeting 3 week exchanges thinks it is helpful or productive to highlight here the divide that exists between certain methods of conveyancing firms is beyond me. But he does exactly the same on LinkedIn day in and day out.
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“Beth Rudolf, director of delivery at the CA, commented: “The use of digital and electronic signatures within the home buying and selling process has the potential to provide a variety of benefits, not just in terms of helping tackle potential fraud – a significant risk for conveyancing firms – but also with regards to helping speed up the whole process, given that securing signatures can be both labour and time-intensive, not to mention reducing the 30% of requisitions raised by HM Land Registry because the parties names, witness details or choice of witness are incorrect for the execution of the Deed.”
1. The Conveyancing Association do not represent the majority of conveyancers in this country. And most certainly not the good ones. Although unfortunately too many of us have taken our eyes off the ball and allowed them to creep into all areas where they are able to impersonate being a Body who speak for all conveyancers, and this makes them the biggest danger to the future of the profession as we know it, and to the service and professionalism to be offered to clients moving house in the future. All very worrying.
2. May I respectfully suggest to Ms Rudolf (who I have met and actually thought she spoke well and was a reasonable person) that if the CA do wish to speed up conveyancing, they stress to their members that they practice what the CA, in their almost wekly press releases, actually preach. All good conveyancers will tell you that it is the presence of the dreaded factory practicioners in chains that are responsible for slow transaction times and very poor standards, and until somehow those shoddy companies are brought into line, you can dumb down the profession as much as you like and all that will change is that experienced, able people will leave and things will get worse until they explode. If you do not believe me I can tell you the tale of my neighbour who is trying to move at present and has a CA firm acting for her and her buyer, recommended by Agents who neglected to tell her they were receiving a hefty commission for that conflict of interest. I have had to apologise to her for the awful attempt they have made to progress that transaction that has reduced her to tears such has been the lack of any service given to her. Simply appalling and embarrassing and impossible to justify.
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