In this blog we explain Verification of Identity (VOI) in Queensland Conveyancing, for property transactions.
This video/blog is great for anyone wondering how the QLD legal industry mitigates fraudulent transactions - and we explore what you need to do to make sure you get your VOI right the first time!
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Hi everybody - George Sourris, Empire Legal.
Today's topic: Verification of Identity (VOI) in QLD Conveyancing, for property transactions.
Today we're talking about Verification of Identity. Let's jump straight in. All right, so in Queensland we have strict compliance rules to make sure that we correctly perform verification of identity or "VOI" on every client for our conveyancing matters.
The purpose of carrying out a VOI is to reduce the risk of identity fraud and fraudulent land transactions.
There are two options for verifying your identity.
Option 1 is the in-person verification.
You can arrange an appointment to attend any of our offices with the appropriate original ID documents for the VOI to be completed face-to-face with a qualified witness from our office.
We don't always get to see all of our clients - we'd love to meet you! You can pop into one of our three offices - there's Manly on the Bayside, Spring Hill in the City, or Bundall on the Gold Coast.
Option 2 is Remote Web VOI.
You can complete a VOI using a remote verification service called LiveSign - from your own home without needing a witness. This service will allow you to use your smartphone to upload copies of identification documentation and a "selfie", which uses biometric facial recognition and passport chip technology to verify your identity.
But, what is the appropriate ID documentation, George?
The Verification of Identity standards set out by ARNEC, the governing body for electronic conveyancing in Australia, outlines different categories that list the minimum original ID documents that must be presented (see below).
Most people elect to use their current driver's license & passport. However, if you don't have both available, there are other acceptable options, such as birth certificates, 18 plus cards, etc. If a person's name has changed or differs from their ID, evidence supporting the name change will also be required - marriage certificate, change of name certificate, etc.
FUN FACT: a passport is still able to be used if it has expired within the last 2 years.
The witness who completes the Verification of Identity certificate is also certifying copies of the ID that they cited.
For Trusts, note - the witness will also need to certify a full copy of the original trust deed.
Good news - if you have completed a verification of identity process with us within the last 2 years, then you don't need to do it again.
Now, regarding the qualified witness, when you come into our office, it's either a lawyer, a JP, or a Commissioner for Declarations, which does this process for you. No other forms of witnesses are classified as qualified, so no police officers, chemists, doctors etc!
We have the correct witnesses ready and available for our clients at our 3 offices. So, keep in mind guys - that is appointment only, but all instructions are in our paperwork!
Now, we're a tech friendly firm, and we truly believe that through the use of technology, we can make our clients and property industry partners, have an easier life. So real estate agents, bankers, brokers, we make the process easy.
It's through this technology that we can find efficiencies like the online option for VOI. No need to book in and see a qualified witness - for a negligible cost, you can do it from the comfort of your home, which is likely less than the cost of fuel and car parking to go and see a qualified witness.
We MUST verify the identity of our clients in a way that constitutes "reasonable steps" - by verifying the ID against the Government database and then biometrically matching the photo ID to the person signing. The remote web VOI provides arguably an even more robust process than the face-to-face - as it validates the ID and removes the human error associated with the brain's inability to deal with the changes in appearance since the ID photo was taken.
But don't worry, if you do come in, our guys are basically detectives - they're going to make sure that you are the right person!
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Thank you very much and we'll see you guys next week.
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George Sourris. Empire Legal.
If you have any questions, you can email me: george@empirelegal.com.au.
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Thanks for reading everybody. See you on the next one.
Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Brisbane, Queensland, Australia.
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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.