Results questionnaire econveyancing Presentation by mr Ruben Roes

Results questionnaire e-conveyancing Presentation by mr. Ruben Roes Deputy chief registrar

• Survey Goal survey: investigate experiences, regulation and technique regarding e-conveyancing in different European countries • Working group on e-conveyancing Members from 9 different countries Investigate possibilities of using e-conveyancing to make trans-border transactions more easier

Survey • Results of 13 countries: Germania, Latvia, Estonia, Scotland, Belgium, Lithuania, Spain, Luxembourg, England & Wales, Ireland, Finland, France, Netherlands Complete results available – ELRA secretariat

Survey 5 main topics: • • • Legal possibilities and use of e- conveyancing Electronic signatures Electronic transmission of data Use (partially) of standard texts Trans-border (European) e-conveyancing

Topic 1: Legal possibilities and use of e- conveyancing

EU guidelines for the implementation by Directive 1999 / 93 / EG Has e-conveyancing been enacted by national law and has it been applied yet? Directive enacted: 100%

What do you send to the registrar According to national law: what is obligatory to send to the registrar: • Original or duplicate? Duplicate 38% Original 62%

Do you use E-Conveyancing? Yes No 69% 31% • What are the reasons to start with e– conveyancing and not to start with econceyancing?

Conclusions legal possibilities and use of econveyancing : • Almost all participants of the survey have implemented the Directive. • Differences in the way it has been applied yet • Most of the participants want to use e-conveyancing because of: Cost reduction Improving legal certainty Less mistakes

Topic 2: Electronic signatures

Electronic signature • An advanced digital signature has the same conclusive force as a written signature, due to Directive 1999/93/EG • Do all residents in your country have a digital signature?

Need of signatures • Are signatures of all parties that are involved in the transaction necessary, or is the signature of a sollicitor or a trusted third party such as a notary sufficient?

• Does the fact that only one signature is needed falicitate the use of electronic conveyancing? • Countries in which e-conveyancing is used for more than 25% for transfer, mortgage or cancellation.

Use of PKI system Does your country use an open or closed PKI system?

Open or closed PKI • Open PKI countries All have 1 -5 CA’s, except Spain (6 -10) CA is allways checked by public authority • Closed PKI countries Results don’t give clear view of how the identity of the applicant of a certificate is checked. It appears that many different methods are used (such as face-to-face control, or validation by other organizations)

Validation systems • Most countries have a validation system to check if certificates have become available to people that are not competent (anymore) • Validation systems are different

Use of Validation system

Topic 2 (electronic signatures) conclusions: • In all countries an advanced digital signature is necessary • Differences in number of signatures that are needed • E-conveyancing more facilitated by one-signature-system: countries with use > 25% e-conveyancing for transfer / mortgage all have a onesignature-system • Differences in having closed or open pki system. • Survey doesn’t give a clear view of how identity of applicants are checked in closed PKI systems • Different validation systems for control of competency applicants

Topic 3: Electronic transmission of data

• Reliability transmission of data • Is your country (going to) use webservices for e-conveyancing or e-mail?

Webservices (used for e-conveyancing) E-mail Spain Scotland Estonia Latvia In the future: Luxembourg Lithuania Belgium Germany Ireland Finland France England & Wales Netherlands

Topic 4: Use of standard texts

Standardization Only a small proportion of texts in recorded documents give reason to change the registration. This proportion often contains the same standard texts. The amount of reading work can be reduced and production norms can be significantly improved by the (partial) use of standard texts. Do you see possibilities to use (partially) standard texts for deeds of transfer or mortgage deeds in your country?

Topic 5: Trans border (European) e-conveyancing

Trans-border (European) e-conveyancing In the case of cross-border transactions e-conveyancing is possibly hampered by the fact that a registrar in the country of the plot of land concerned is not allowed to accept foreign deeds.

Is recording of foreign deeds allowed? No 69% Yes 31%

Working group conclusions • No complete standardization of deeds • Must be free to edit deed, no restrictions • Possibility that one part of the deed is standard text and the other part differs and is dependent of the legal system of registering country. • Start with a first investigation of the use of partial standard text for cross border transactions, f. e. ELRA stylesheet • Use only voluntary • Starting to investigate the possibility for transferring ownership or mortgage

Working group road map Next year, working group will examine: • Conditions regarding validation, signatures, software and regulation • Possibility to create framework for a stylesheet Focus on ownership or mortgage

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