The National Operator of Electronic Property Registration establishes regulations for the use of electronic signatures in real estate registration acts with Technical Instruction No. 02
On October 11, the National Operator of Electronic Property Registration (ONR) issued Technical Standardization Instruction No. 02, which regulates the use of electronic signatures in real estate registration acts.
According to IN No. 02, the electronic signatures accepted for acts in the Property Registry are divided as follows:
1. Private instruments intended for the creation, transfer, modification, waiver, or termination of real estate rights; discharges granted by the creditor or successor; private powers of attorney that grant powers to perform these acts; consent from property owners and other real estate right holders in compulsory adjudication and extrajudicial adverse possession: only ICP-Brasil, e-Notariado, and IdRC/ICP-RCPN signature modalities are accepted.
- 1.1. For acts carried out by entities authorized to operate within the scope of the Real Estate Financing System (SFI) and the Housing Finance System (SFH), credit cooperatives, securitization companies, fiduciary agents, real estate consortium administrators, and financial institutions authorized by BACEN, all signature modalities provided for in LSEC-RI are accepted.
2. Purchase and sale commitments issued by land developers, incorporators, and builders, including termination and addendums: LSEC-RI signatures are accepted for buyers, while sellers must use ICP-Brasil, e-Notariado, and IdRC/ICP-RCPN modalities.
3. For rural, commercial, industrial, export, real estate, mortgage, and bank credit notes, all signature modalities provided in LSEC-RI are accepted for all parties involved.
4. For witnesses, neighboring landowners, and requests that accompany the titles, all signature modalities provided in LSEC-RI are also accepted.
5. Public administration documents: electronic documents issued by the direct public administration may be signed with their own electronic signatures, as long as they include validation means such as QR-Code, hash, or an electronic address linked to the official website.
Notes:
For the acceptance of providers listed in LSEC-RI, it is mandatory to provide validation means, including QR-Code, hash, and electronic address that redirects to the signed electronic document.
Hybrid documents will be accepted under the following situations:
- (i) For real estate registration acts by private instrument, documents in PDF/A format may be physically signed by one or more parties, with notarization if necessary, and scanned according to Decree No. 10.278/2020; other signatures must follow the LSEC-RI modalities.
- (ii) For documents issued by notary publics, the registrar must only verify the notary's or their representative's electronic signature.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
