From 9 November 2015, new verification of identity
requirements come into effect for persons who wish to lodge
registrable instruments or dealings in paper form at Land
As a result of the efforts of Land Victoria to implement similar
procedures for paper and electronic conveyancing, from 9 November
2015, you will need to comply with new verification of identity
requirements before paper instruments or dealings
can be lodged at Land Victoria for registration.
The new verification requirements fall under three
verification of your identity;
verification that you are a legal person; and
verification that you have the right to enter into the relevant
instrument or dealing.
The verification of identity requirements will also need to be
satisfied before your solicitor can provide any duplicate
certificate of title they hold on your behalf to you.
Verifying your identity
Reasonable steps must be taken to verify your identity, whether
you are an individual or a corporate entity.
If you are an individual, your solicitor (either personally or
through an authorised agent) must verify your identity in
accordance with a standard procedure. This will involve a
face-to-face interview at which you will be required to produce
certain original identification documents such as a passport,
drivers licence, birth or citizenship certificate, or Medicare or
Centrelink card (Standard Procedure). Your
solicitor must retain copies of these identification documents.
For corporate entities, the identity verification procedure will
be a bit more involved as your solicitor must:
conduct a search of the records of the relevant regulatory body
(such as ASIC for companies);
take reasonable steps to identify the person/s authorised to
sign, or witness the affixing of any seal, on behalf of your
corporate entity; and
verify the identity of each person who will sign the paper
registrable instrument or dealing on behalf of your corporate
entity in accordance with the Standard Procedure.
Where an individual or corporate entity has appointed an
attorney to execute a paper registrable instrument or dealing, the
solicitor will have to review the power of attorney and carry out
similar identity verification procedures in relation to that
Where identity verification is required, Clayton Utz is able to
provide advice on the most appropriate and convenient way for this
to occur, including by verifying identity at our offices or through
a third party agent.
2 Verifying that you are a legal person
Reasonable steps must also be taken to verify that you are, or
your company is, a legal person. These steps will ordinarily be
satisfied as part of the verification of identity process as set
out above but, in certain circumstances, your solicitor may require
Verifying that you have the right to enter into the
relevant instrument or dealing
Reasonable steps must be taken to verify that you have the right
to enter into the relevant instrument or dealing.
For a corporate entity, this will entail providing relevant
corporate and/or trust documents to your solicitor to enable this
final form of verification to be completed.
The new verification of identity requirements create additional
procedures with which you will need to comply, with the assistance
of your solicitors, in order for your instruments or dealings to be
accepted at Land Victoria for registration.
If you regularly sign paper registrable instruments or dealings
which must be lodged at Land Victoria or if you intend to sign such
a document in the future, Clayton Utz can guide you through the new
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
as legal advice. Formal legal advice should be sought in particular
transactions or on matters of interest arising from this bulletin.
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