The notary's profession is in a state of flux. The electronic notarial act (acte authentique électronique - AEE) is a novelty that has become widespread in notaries' offices. But do you know what it is?
What is an electronic authentic instrument?
An authentic deed is a deed that has been received, with the requisite solemnity, by a public official competent to act in the place where it was drawn up (article 1369 of the French Civil Code). In the case of a notarial deed, it is signed by the parties to the deed and by their notary(ies). The deed is drawn up on paper, and you typically sign it with a pen. But the time has come for dematerialization! Authentic deeds can now be drawn up electronically. Since the law of 13/03/2000, article 1316 of the French Civil Code states that "electronic writing is admitted as evidence in the same way as paper writing". This means that electronic documents have the same probative value as paper-based documents.
How do you go about signing?
Make way for tablets and screens! When it comes to preparing the deed, nothing changes. The deed is drafted using deed drafting software. Next, the documents to be attached to the deed (planning documents, diagnostics, etc.) are scanned in. The scanned deed and documents constitute the deed to be signed. During the signing appointment, the notary reads the deed and annexes to the parties, on screen. Customers can follow the reading in real time.
If there are no changes to be made, the notary then validates the contents of the deed and annexes using his "REAL" key. This is an encrypted computer key containing the notary's identification and signature. The deed then appears on a tablet, on which the parties sign using an electronic pen. The notary signs with his "REAL" key. Who said notaries weren't modern?
What are the advantages of electronic deeds?
Of course, legal certainty is preserved, and the notary's expertise remains unchanged: only the medium of the deed changes. The advantages are numerous, and the introduction of this system was eagerly awaited by legal professionals.
- Space is saved by avoiding paper archives. And, of course, you're still guaranteed that your deeds will be preserved.
- We save time, because transactions are faster and can be carried out remotely (this is the last stage in the process). We are also developing the videoconferencing system for signing deeds.
- The accessibility of data is improved, since the consultation of deeds is facilitated by a virtual library.
- Customers can receive their dematerialized deeds, which they can keep on their own computers.
Stéphanie Swiklinski