Authority Update - ARNECC - Guidance from practitioner regulators

ARNECC has recently published guidance from practitioner regulators for use by stakeholder groups and industry participants.  The document - Entitlement to sign Registry Instruments - is now available via the Resources webpage in the ARNECC website here.

This document sets out which qualifications a person requires in each state for the purpose of signing registry instruments. Digital signatures for this purpose should be limited to persons with these qualifications only and internal procedures put in place to manage these certificates in the event of an audit. It is possible for your firm to allocate non qualified users, such as paralegals or conveyancing assistants in PEXA for data entry, but only people holding the outlined qualifications are authorised to sign registry instruments in a workspace. 

If you have a statutory trust account with a PEXA integrated financial institution and are using this as a source of funds for electronic transactions digital signatures can only be allocated to authorised signatories on that account, no matter what their qualification. For example, a practice manager. This is to allow for the authorisation of the financial settlement part of the electronic transaction.

It is important to note that these may not be one and the same person and two different digital signatures may be required to complete an electronic settlement.

All signatories need to have their identity verified under the VOI standard.

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.