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Coronavirus outbreak (COVID-19)
De-containment: electronic signature of notarial acts is still allowed?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Sign a real estate sale in the new or old? Formalize an authentic act? Make a marriage contract or gift? These acts can be temporarily finalized remotely until 10 August 2020 (one month after the end of the state of emergency). Secure electronic signature is exceptionally possible for all acts to take account of the constraints linked to the epidemic. That was decided by an order in council issued in Official Journal of 4 April 2020 to support continued economic activity, in particular in the area of real estate.
The confinement and closure of the notarial offices made it impossible for the notary to physically be present for the performance of a notarial act. It is now possible to derogate from this requirement. Thus, notarial activity can continue fully.
To draw up a document, obtain consent or the declaration of each party, the information can be exchanged by means of a remote communication and transmission system (approved by the Higher Council of the notary). This system ensures the identification of the parties and the integrity and confidentiality of the contents. In these circumstances, the authenticity of the act and legal certainty are guaranteed.
This measure shall be valid until one month after the date of cessation of the health emergency, i.e. until 10 August 2020.
FYI
In the real estate sector, both new and old, this measure allows the continuation of projects launched before the lockdown required by the health crisis.
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