on 08-09-2016 09:52 AM
OK, so the Client Authorisation form was introduced because of the jurisdictional issues associated with Powers of Attorney (POA), and so the Client Authorisation is, in effect, a POA for the purposes of completing an electronic conveyancing transaction on behalf of a client.
Given that we're stuck with paper transactions for some time to come, and also the possibility that a PEXA transaction can collapse into a paper transaction all too easily, is there any reason why having a client appoint their lawyer/conveyancer to act on their behalf by way of a POA in the first instance is not a sensible back-up.
For example, if a client appoints me by way of a General POA to complete all documents associated with the completion of their conveyancing transaction, I would not have to bother them (or go through the hassle myself) of sending out documents for signature.
What do others think?
on 09-09-2016 09:35 PM
Interesting thought, Peter.
Here in Victoria, ARNECC's Client Authorisation Form will be required for paper transactions from 3 April 2017 per the Registrar's requirements for paper conveyancing transactions. I think this alignment of electronic and paper processes will really assist practitioners be prepared for settlements in either electronic or paper format, removing the need for them to turn their minds to how a settlement may be effected when they open their file.
I acknowledge this does not cater for some of the other documents required for a property settlement, and would likewise be interested to hear the thoughts of others.
on 10-09-2016 07:31 AM
Yes, you're correct Heather regarding the Client Authorisation form being required for paper transactions, but what I would like to achieve is a more complete role for the lawyer/conveyancer in the submission of documents on behalf of a conveyancing client.
It seems to me that the General Power of Attorney will fill the gaps. I will be required to determine the client's SRO liabilities, and to sign the client's paper Transfer of Land. The Client Authorisation form allows me to do this, but I must still send hard copy paper SRO forms to clients (Goods Statement for vendors and PPR etc for purchasers). If I hold a General Power of Attorney I would be able to sign off on these forms as well, based on information provided to me via email by the client.
By eliminating the need for "wet" signatures from the client on these documents, I can save time and trouble with incorrectly completed documents, and the chasing up of slow clients.
on 07-11-2016 09:24 AM
Although the idea of obtaining a general power of attorney sounds tempting, the issues of execution, capacity and attorney's obligations, just to name few, add the additional level of complexity which I personally would like to avoid. Maybe the Client Authorisation could be expanded to cover the issues of dealings with SRO and others? Or maybe SRO should finally simplify its processes and allow practitioners to sign the forms on behalf of their clients?
on 07-11-2016 09:35 AM
I agree Istruska. It's a shame that we have to invent "work-arounds" to make paper transactions more efficient.
One day, when PEXA takes precedence over paper transactions, we won't need these workarounds. However, for the time being, the only way I can avoid posting hard copy documents and obtaining wet signatures on them is to use the POA, so that I can sign on behalf of my clients.