Notaries have always been ready to embrace the emerging prospects in order to meet the new needs of the population and of the state. Since 2016, several political, legal and technical steps have been taken in this direction in order to see the light of the notarial act on technological support.
Please note that notaries are subject to physical distancing rules. They should not expose themselves, their clients or their staff to risk.
In addition to the directives given to notaries having to hold physical meetings with their clients, the Chambre des notaires, in collaboration with partners and the government, has developed an alternative solution: the technological notarial act accessible since April 1, 2020. It is necessary to know that the possibility of using technology for the remote reception of a notarial act, is left to the discretion of the notary, if he considers it appropriate.
As a result of the pandemic physical distancing rules, it has been possible to sign notarial acts remotely using the technology-based notarial act since April 1, 2020.
The Chambre des notaires, in collaboration with partners and the government, has developed a solution allowing notaries to execute notarial acts remotely through technological means, available since April 1, 2020.
Steps to signing a notarial act remotely
- Notaries can receive clients remotely by videoconference. Your notary will take precautionary measures to ensure that the location and tools used are secure.
- At least two pieces of photo ID are required. The notary may also ask the client for a third piece of ID and request a copy of the pieces of ID sent through a secure channel.
- Customers will be able to read the act, either through technological means or other secure channels.
- The notary ensures that the parties have fully understood the terms of the contract.
- The act will be signed remotely using secure software.
The technology-based notarial act will be retained and safeguarded by your notary, who will provide you with a certified true copy of the document.
Your notary can explain the steps to follow, the equipment required and the costs of the procedure. Should you require further information, here is the procedure in greater detail.
What you need to proceed
- A computer, a tablet or a smartphone that has a camera Headphones or a headset with a microphone to maintain confidentiality
- A personal email address and a good quality internet connection
- The recommended videoconferencing mobile app: Microsoft Teams, free version
What is the value of this document?
Notarial acts are authentic; in other words, the veracity of their content, date and signature stands in court with no need for further authentication.
The Notaries Act always requires a handwritten signature on a paper document in the physical presence of a notary, unless an approved regulation has established a different procedure. These formalities are essential for an authentic act.
The digital copy that will be retained by the notary and your certified true copy will also be as authentic as the traditional paper act.
Is this solution secure?
The reinforced security standards will allow notaries to abide by their legal, regulatory and professional conduct obligations.
For more information, see the guidelines: Standards for remote receipt of a notarial deed in minute on a technological medium.
Prepare yourself before the videoconference with your notary! Write down your questions and identify your legal needs.
To learn more
- Order of the Minister of Justice on the adoption of the standards
- Standards for remote execution of a notarial act en minute using technological means – (up-to-date as of September 14)
- March 30th 2020 COVID-19 press release: Permission obtained from the government to allow notaries to sign notarial acts remotely – Solutions gradually accessible starting April 1
- March 25th 2020 – Letter to the public from the President of the Chambre des notaires
- August 23rd 2020 – Distancing Guidelines (French version) (English version)
- Aid programme: Special Government Measures for COVID-19 by Caroline Marion, Notary, D. Fisc., F.Pl. (up-to-date as of July 11, 2020)
- Canadian Federation of Independent Business (CFIB) summary table of COVID-19 related support programs
- March 24th 2020- Frequently Asked Questions on COVID-19 for the public in connection with notary activities
- March 24th 2020 – COVID-19: Notaries provide an essential service
- COVID-19: Answers to your questions – Useful resources on the Éducaloi website
- March 16th 2020- Letter sent to financial institutions requesting their collaboration on possible timelines
- March 16th 2020 – Coronavirus (COVID-19) – La Chambre prend des mesures pour vous protéger
To verify the validity of an electronic copy of a technological notarial act, consult the procedure.