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Frequently asked questions - Landonline Stage Two (conveyancing)
Certify and Sign
Who can certify and sign?
A practitioner with a current practising certificate or a licensed landbroker. They will require a digital certificate and appropriate privilege allocated within the firm. The default setting is to allow all in that category to have the privilege and it is up to the firm to restrict to partners etc. as they see fit.
Certification by a solicitor - is there a PIN number for the certification?
No. There is no pin number, but to certify and sign an instrument the solicitor must use a digital certificate which has a password and passphrase.
Does the person who certifies have to be a solicitor?
Yes, either a solicitor with a current practising certificate, or a licensed landbroker.
Can a Legal Executive have certification and signing authority?
No. The legislation permits only law practitioners and licensed landbrokers to certify and sign.
When can a transaction be certified and signed?
Certification and signing can occur when an instrument has been fully prepared.
What does "capacity to sign" mean in the certifications? Is this more onerous than at present? Should it be "appears to have"?
Capacity in this context means legal capacity. Before certifying a transaction, a conveyancer would be expected to make reasonable inquiries as to the capacity of the client. The scope and extent of this inquiry would depend on the circumstances. It may involve obtaining confirmation of age in order to establish that a client is not a minor. As to soundness of mind, the threshold is similar to that which applies where an attesting witness is required to provide further proof of execution by way of a statutory declaration (see Form 28 in Schedule 2 of the Land Transfer Regulations).
In other words, provided a conveyancer has dealt with a client enough to reasonably form the view that they appeared to be of sound mind, that should be sufficient. In the case of a legal entity such as a company, further inquiry (such as a search of company records) may be required in order to establish that the party purporting to sign the authority on behalf of the company is in fact authorised to do so. To some extent this is nothing new - merely prudent conveyancing practice.
What happens if the practitioner falls ill on settlement day and can't sign and certify documents for settlement that day?
Someone else will have to certify and sign either within the firm or via a Sole Practitioner's Attorney. Certifying and signing should never be left until settlement day. The Authority and Instruction form allows for more than one lawyer to be nominated. Good practice should be to nominate say 2 or 3 lawyers in the firm who can certify and sign.
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Last modified 5 October 2006
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