Results questionnaire e-conveyancing

Presentation by mr. Ruben RoesDeputy chief registrar

• Survey

Goal survey: investigate experiences, regulation and technique regarding e-conveyancing in different European countries

• Working group on e-conveyancing- Members from 9 different countries- Investigate possibilities of using e-conveyancing to make trans-border transactions more easier

Survey

• Results of 13 countries:

Germania, Latvia, Estonia, Scotland, Belgium, Lithuania,Spain, Luxembourg, England & Wales, Ireland, Finland, France, Netherlands

Complete results available – ELRA secretariat

Survey

5 main topics:

• Legal possibilities and use ofe- conveyancing

• Electronic signatures• Electronic transmission of data• Use (partially) of standard texts• Trans-border (European)

e-conveyancing

Topic 1: Legal possibilities and use ofe- conveyancing

EU guidelines for the implementation by Directive 1999 / 93 / EG

Has e-conveyancing been enacted by national law and has it been applied yet?

Directive enacted: 100%

Percentage Use of E-conveyancing; transfer, mortgage and cancellation

0

25

50

75

100

Franc

e

Finlan

d

Irelan

d

Englan

d & W

ales

Spain

Luxe

mbo

urg

Nethe

rland

s

Lithu

ania

Belgium

Scotla

nd

Estonia

Latvi

a

German

y

Countries

Per

cen

tag

estransfer (%)

mortgage (%)

cancellation (%)

What do you send to the registrar

According to national law: what is obligatory to send to the registrar:

• Original or duplicate?

Original 62%

Duplicate38%

Do you use E-Conveyancing?

• What are the reasons to start with e–conveyancing and not to start with e-

conceyancing?

Reasons to start with E-Conveyancing

0%20%40%60%80%

100%

redu

ctio

n of

cost

s

impr

ovem

ent

of le

gal

certa

inty

redu

ctio

n of

erro

rs

stan

dard

izat

ion

of te

xts

othe

r rea

sons

Yes 77%No 23%

Reasons not to use with E-Conveyancing

0%10%20%30%40%50%

Incr

ease

of c

osts

wor

seni

ng

of le

gal

certa

inty

stan

dard

iza

tion

ofte

xts

othe

rre

ason

s

Conclusions legal possibilities and use of e-conveyancing :

• Almost all participants of the survey have implemented the Directive.

• Differences in the way it has been applied yet

• Most of the participants want to use e-conveyancing because of:- Cost reduction- Improving legal certainty- Less mistakes

Topic 2: Electronic signatures

Electronic signature

• An advanced digital signature has the same conclusive force as a written signature, due to Directive 1999/93/EG

• Do all residents in your country have a digital signature?

Yes15%

No85%

Need of signatures

• Are signatures of all parties that are involved in the transaction necessary, or is the signature of a sollicitor or a trusted third party such as a notary sufficient?

1 signature62%

all parties38%

• Does the fact that only one signature is needed falicitate the use of electronic conveyancing?

• Countries with one-signature-system are marked with **.• Countries where the signatures of all parties are needed

are not marked.

Percentage Use of E-conveyancing; transfer, mortgage and cancellation

0

25

50

75

100

Franc

e

Finlan

d **

Irelan

d

Englan

d & W

ales

Spain

**

Luxe

mbo

urg

Nethe

rland

s **

Lithu

ania

**

Belgium

**

Scotla

nd **

Estonia

**

Latvi

a **

German

y

Countries

Pe

rce

nta

ge

s transfer(%)mortgage(%)cancellation (%)

Use of PKI system

Does your country use an open or closed PKI system?

Open PKI38%

Closed PKI54%

Answer not available

8%

Open or closed PKI

• Open PKI countries- All have 1-5 CA’s, except Spain (6-10)

- CA is allways checked by public authority

• Closed PKI countries- Results don’t give clear view of how the identity of the applicant of a certificate is checked. It appears that many different methods are used (such as face-to-face control, or validation by other organizations)

Validation systems

• Most countries have a validation system to check if certificates have become available to people that are not competent (anymore)

• Validation systems are different

Use of Validation system

CRL; 23%

OSCI & EGVP; 8%

Non-users; 31%

LDAP; 15%

LDAP+OCSP+CRL; 23%

LDAP

LDAP+OCSP+CRL

CRL

OSCI & EGVP

Non-users

Topic 2 (electronic signatures) conclusions:

• In all countries an advanced digital signature is necessary

• Differences in number of signatures that are needed

• E-conveyancing more facilitated by one-signature-system: countries with use > 25% e-conveyancing for transfer / mortgage all have a one-signature-system

• Differences in having closed or open pki system.

• Survey doesn’t give a clear view of how identity of applicants are checked in closed PKI systems

• Different validation systems for control of competency applicants

Topic 3: Electronic transmission of data

• Reliability transmission of data

• Is your country (going to) use webservices for e-conveyancing ore-mail?

Webservices (used for e-conveyancing)

E-mail

FinlandSpainScotlandEstoniaLatvia

In the future:

Luxembourg

Lithuania

Belgium

Germany Ireland

FranceEngland & WalesNetherlands

Topic 4: Use of standard texts

Only a small proportion of texts in recorded documents give reason to change the registration. This proportion often contains the same standard texts. The amount of reading work can be reduced and production norms can be significantly improved by the (partial) use of standard texts.

Do you see possibilities to use (partially) standard texts for deeds of transfer or mortgage deeds in your country?

Mortgage deeds

Yes62%

No23%

No answer

15%

Transfer deeds

Yes46%

No39%

No answer

15%

Standardization

Topic 5: Trans border (European) e-conveyancing

Trans-border (European) e-conveyancing

In the case of cross-border transactions e-conveyancing is possibly hampered by the fact that a registrar in the country of the plot of land concerned is not allowed to accept foreign deeds.

Is recording of foreign deeds allowed?

YesNo64%

36%

Working group conclusions

• No complete standardization of deeds

• Must be free to edit deed, no restrictions

• Possibility that one part of the deed is standard text and the other part differs and is dependent of the legal system of registering country.

• Start with a first investigation of the use of partial standard text for cross border transactions, f.e. ELRA stylesheet

• Use only voluntary

• Starting to investigate the possibility for transferring ownership or mortgage

Working group road map

Next year, working group will examine:

• Conditions regarding validation, signatures, software and regulation

• Possibility to create framework for a stylesheet

Focus on ownership or mortgage

Thank you for joining the presentation