The Verification of Identity process set out in the Registrar’s Requirements for Paper Conveyancing Transactions is not applicable to the simple transfer of documents from one law firm to another.

Two firms sought guidance from the LIV Ethics Committee as to whether they must apply the Verification of Identity (VoI) obligations in the ‘Registrar’s Requirements for Paper Conveyancing Transactions’ in the situation where one firm has asked another firm to release the paper Certificate of Title and there is no conveyancing transaction on foot. Firm A now acts for the client and submits that a client authority is sufficient. Firm B no longer acts for the client and submits that VoI must be carried out prior to the release of the Certificate of Title in its possession.

In the opinion of the Ethics Committee and on the information provided:

1. The Verification of Identity obligations set out in the ‘Registrar’s Requirements for Paper Conveyancing Transactions’ relate to lodging dealings with the Registrar.  The Verification of Identity process is therefore not applicable to the transfer of documents from one firm to another.
2. Firm A has provided a client authority and other certifying documents for the release of the paper Certificate of Title and other client files.  Firm B is entitled to rely on this unless it doubts the authenticity of that authority.
3. Firm A may have a future obligation to carry out VoI in the event the client wishes to enter into a conveyancing transaction.