New Rule XVIII – Witnessing, Commissioning and Notarizing Documents via Audio-Visual Technology
Amendments to the Commissioners for Oaths Act, Notaries Public Act, Registration of Deeds Act, 2009 and Wills Act with respect to witnessing, commissioning and notarizing documents remotely came into force on December 22, 2023.
Related to these amendments, Benchers have approved a new Rule XVIII which sets out the requirements that lawyers must follow when witnessing, commissioning and notarizing documents via audio-visual technology. The text of the rule can be found on the Law Society’s website here and the forms mentioned in rules 18.04 and 18.07 have been uploaded to the Forms page. Please note that there are also requirements contained in the legislation, including a requirement to state on the document that it was witnessed through the use of audio-visual technology in accordance with the Act and the regulations.
Members are reminded that notwithstanding the ability to witness, commission and notarize documents remotely, it is still best practice to be in the physical presence of the person signing the document.
Posted January 12, 2024