FAQs and videos

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FAQs and videos

The Office of the Registrar General handles matters relating to eConveyancing policy and workshops. For technical questions or more in-depth information about eConveyancing processes, please contact NSW Land Registry Services or PEXA.

General

What is eConveyancing?

See here.

What is PEXA?

See the Registrar General's Guidelines page.

See more general eConveyancing FAQs on the Registrar General's Guidelines page.

Getting started: Registering with an ELNO
How do I register with an ELNO?

See PEXA's registration FAQs.

I’m having problems with PEXA. Can you help?

The Office of the Registrar General is responsible for overseeing the performance of PEXA in NSW. Please contact us with any concerns you have about PEXA’s performance. Please include information about the date of the incident, a short description of how it affected your transaction, whether you raised this incident with PEXA and how they responded.

Electronic lodgment and electronic Certificates of Title

What are the requirements for electronic lodgment?

See here.

What is an electronic Certificate of Title (eCT)?

See the Registrar General’s Guidelines page.

Do electronically lodged dealings take precedence over dealings lodged in paper?

See the Registrar General’s Guidelines page.

Will there be requisitions on electronically lodged dealings?

See the Registrar General’s Guidelines page.

What is a Control of the Right to Deal (CoRD)?

See the Registrar General’s Guidelines page.

What is a Priority Notice?

See the Registrar General’s Guidelines page.

See more general eConveyancing FAQs on the Registrar General’s Guidelines page.

Governance


What is ARNECC?

The Australian Registrars' National eConveyancing Council (ARNECC) is the body established to facilitate the implementation and ongoing governance of the regulatory framework for National Electronic Conveyancing. ARNECC membership comprises the Land Titles Registrars or their nominee from each Australian State and Territory.

The principal functions of ARNECC are to:

  • advise the State and Territory Governments on any proposed changes to the Electronic Conveyancing National Law (ECNL)
  • provide authoritative advice to the States and Territories about matters relating to National eConveyancing
  • ensure that, as far as is practicable, business practices with respect to National eConveyancing are consistent when implemented by the Registrars in each jurisdiction
  • ensure compliance by ELNOs with the Model Operating Requirements.

Verification of identity

What are the requirements relating to verification of identity?

Rule 4.1 of the Conveyancing Rules applies to Australian legal practitioners, law practices and licensed conveyancers ('Representatives'). From 1 August 2016 a Representative must take reasonable steps to verify the identity of clients or their agents, and persons to whom certificates of title are given.

A Representative can:

  • apply the Verification of Identity Standard, or
  • verify the identity of a person in some other way that constitutes the taking of reasonable steps.

The requirement for reasonable steps is to provide flexibility for Representatives to use their professional judgement on what is necessary in any particular circumstance. The Representative determines what steps are required to verify a person’s identity in any particular circumstance. What constitutes reasonable steps may be influenced by various factors that when taken into account contribute to a Representative being able to reasonably have confidence in the person’s identity.

Examples of these factors might include the length of time the Representative has known the person or whether they have represented the person on previous occasions.

Should a Representative choose to follow the Verification of Identity Standard they may be deemed to have taken reasonable steps. However, the Standard is not intended to be the only way of complying with the reasonable steps requirement.

The Verification of Identity Standard is the standard set out in Schedule 8 of the Participation Rules determined under the Electronic Conveyancing National Law. Download NSW participation rules for electronic conveyancing.

For more information, including other ways that constitute taking reasonable steps, and how to identify a client who is overseas, see ARNECC’s  MPR Guidance Note #2 – Verification of Identity.

What are the requirements relating to verification of identity as a mortgagee?

Section 56C of the Real Property Act 1900 requires a mortgagee to take reasonable steps to identify the mortgagor.

For changes to Verification of Identity requirements for mortgages executed on or after 1 January 2015 see LRS Circular 2015/09 Changes to Verification of Identity (VOI) requirements for mortgagees.

Can I use an agent to verify identity?

Rule 4.2 of the Conveyancing Rules provides that a Representative may use an identity agent to perform verification of identity.

Right to deal

What is right to deal?

Right to deal is the entitlement of a person to be a particular party to a conveyancing transaction.

The NSW Participation Rules require a Subscriber to take reasonable steps to verify the right to deal of their client, and/or the mortgagor for a mortgage.

Rule 4.3 of the Conveyancing Rules requires that a Representative take reasonable steps to verify that a client is a legal person and has the right to enter into a conveyancing transaction.

Possession of a Certificate of Title for a parcel of land is not of itself sufficient to prove that a person is the owner of that land or is otherwise entitled to deal with it.

The increasing incidence of identity theft and associated fraud, including mortgage fraud means that all parties to land transactions and their agents must exercise due diligence in verifying the identity of persons claiming a right to deal in land.

For more information see ARNECC’s MPR Guidance Note #4 – Right to Deal.

Client Authorisation

What is Client Authorisation?

A Client Authorisation is a document that enables your client to authorise you to act on their behalf in a transaction.

For government and in-house lawyers, the NSW Participation Rules makes it clear that this requirement only applies to those acting on behalf of a client. Instead, you will be relying on a power of attorney or delegation.

It’s similar to a power of attorney, though the legislation specifically states that it is not a power of attorney – which means a Client Authorisation does not need to comply with any legislative requirements relating to powers of attorney.

When acting for your client under a Client Authorisation, you can:

  • sign registry instruments or other documents
  • present registry instruments or other documents for lodgment with the Land Registry
  • authorise or complete any associated financial aspects of the transaction.

For more information see ARNECC’s  MPR Guidance Note #1 – Client Authorisation or download a client authorisation form.

How to complete a Client Authorisation Form

Record-keeping requirements

Do I need to keep eConveyancing records?

Rule 5 of the Conveyancing Rules requires that a Representative, or where there is no Representative, a Party must retain the evidence supporting the dealing for at least seven years from the date of lodgment of the dealing that is registered or recorded including any evidence supporting verification of a Party’s identity.

The evidence does not need to accompany the dealing when lodged with LPI.

For more information on supporting evidence, see ARNECC’s  MPR Guidance Note #5 – Retention of Evidence.

Security

Is eConveyancing safe?

There are a number of safeguards to ensure the data security and safety of eConveyancing.

The increasing incidence of identity theft and associated fraud, including mortgage fraud, means that all parties to land transactions and their agents must exercise due diligence in verifying the identity of persons claiming a right to deal in land. Processes such as verification of identity, right to deal and client authorisation are aimed at limiting the impact of fraud and increasing security.

Practitioners should be careful not to provide banking details via email for transmission of settlement sums to reduce the incidence of cyber fraud attacks.

More information about identity theft and strategies for limiting its impact is available from: