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Coronavirus outbreak (COVID-19)
Notaries can establish authentic powers of attorney remotely
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Buying or selling a house, establishing a marriage contract, sharing the property of an estate, making a donation... require an authentic act that until now had to be signed in the presence of the participants or a principal. Since November 22, 2020, the notary can establish a power of attorney through an electronic system guaranteeing confidentiality when one or all parties are not present. A decree was issued in Official Journal November 21, 2020.
Contrary to the measures taken during the first confinement, this possibility of drawing up notarial acts at a distance is reserved for powers of attorney only, but it is not limited in time. It is intended for anyone who is unable to travel, and in particular French nationals living abroad who can now conclude notarized transactions through a remote agent.
The exchange of the information necessary for the drawing up of the document and the collection of the consent of the parties are carried out by means of a processing system approved by the Supreme Council of the notary (CSN) which guarantees their identification, the integrity and the confidentiality of the content. The notary shall simultaneously obtain the consent and the signature by electronic means.
This remote appearance, as for any authentic instrument, is established at the end of a meeting, by videoconference, during which all relevant and necessary information is provided to inform the consent of the parties.
FYI
During the lockdown, notary offices remain open. When remote signing is not possible, notaries can welcome the public, by appointment, in their studies.
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