Witnessing of Documents Remotely
The legislation allowing witnessing of documents via audio visual link has now been extended to 31 December 2021.
The Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) commenced on 22 April 2020 and Part 2B titled “Remote witnessing pilot scheme” offers an alternative option.
The Act applies to a range of documents governed by NSW legislation, including wills, powers of attorney and enduring guardianship appointments, as well as deeds, agreements, affidavits and statutory declarations.
This assists clients and the legal profession during COVID-19, where a face to face meeting is not possible. It also ensures the safety of both clients and staff at legal offices, who are observing social distancing rules.
Devices, including mobile phones, tablets or laptops with camera and recording capabilities will be used to identify the signatory and evidence the signing and witnessing process.