In e-Conveyancing most of the focus to date has been on
how to satisfy verification of identity (VOI) requirements. The VOI
obligation is to take reasonable steps to verify the identity of
each party to the conveyancing transaction.
However, when one examines the Model Participation Rules –
Version 3 (MPR), it will be obvious that there are in fact two
circumstances in which the representative of a party to a
transaction must take "reasonable steps".
Under the MPR:
- reasonable steps must be taken to verify identity (MPR clause
6.5), and
- reasonable steps must be taken to verify the right to deal (MPR
clause 6.4).
The "right to deal" has always been present in the
MPR, but to date has been very much a "sleeper" issue,
because no specific guidance has been issued on how to fulfil the
obligation to verify the "right to deal".
