Lawyers who authorize others to affix a digital signature for land title documents risk discipline
Two lawyers were recently ordered to participate in conduct reviews (see the summary at page 17 of this edition of the Benchers’ Bulletin) for authorizing others to affix their Juricert digital signatures to electronic land title documents.
With the introduction of required electronic filing for most land title documents earlier this year, most lawyers, notaries and land surveyors involved in real estate practice have now registered with Juricert and obtained a digital signature for use with the system. In agreeing to the Juricert terms and conditions, all registrants have confirmed that they will not permit anyone else to have access to their digital signatures or use it to electronically sign a land title document.
Lawyers are reminded that it is an offence under the Land Title Act and a breach of Juricert terms and conditions to permit anyone else to affix their digital signatures. Lawyers are required to personally affix their digital signatures as a necessary part of ensuring the integrity of the land title system in British Columbia. Failure to meet this requirement can result in disciplinary action and the loss of the right to file documents electronically with the land title office.
For more information, contact a Practice Advisor.