Remote notarised power of attorney

Decree no. 2020-1422 of 20 November 2020 establishing the notarial power of attorney at a distance was published in the Official Journal of 21 November 2020.

Its purpose is to enable notaries to draw up authentic powers of attorney in electronic form when one or all of the parties are not present.

An Article 20-1 is inserted in Chapter III of Title III of Decree no. 71-941 of 26 November 1971 as amended relating to deeds drawn up by notaries, worded as follows:

“Article 20-1 is inserted in Chapter III of Title III of Decree no. 71-941 of 26 November 1971 as amended relating to deeds drawn up by notaries:

“Article 20-1. – The instrumental notary may draw up a power of attorney on an electronic medium, where one or more of the parties to such instrument are not present before him.

“The exchange of the information necessary for drawing up the instrument and the collection, by the instrumental notary, of the consent of the party or parties to the instrument who are not present shall be carried out by means of a system for processing, communicating and transmitting information which guarantees the identification of the parties, the integrity and confidentiality of the content and which is approved by the Conseil supérieur du notariat.

“The instrumental notary collects, simultaneously with their consent, the electronic signature of such party or parties by means of a qualified electronic signature process meeting the requirements of the aforementioned decree of 28 September 2017.

“The deed is perfect when the instrumental notary affixes his qualified electronic signature to it. ”

Decree no. 2020-1422 of 20 November 2020 introducing remote notarial power of attorney, JORF no. 0282 of 21 November 2020, text no. 25, extract: Publics concerned: magistrates, notaries, lawyers and private individuals, extract: Subject: exceptional regime for the establishment of remote notarial power of attorney. Entry into force: the decree comes into force the day after its publication in the Official Journal. Notice: the purpose of the decree is to enable notaries to draw up authentic powers of attorney in electronic form when one or all of the parties are not present. References: the texts created and modified by the decree can be consulted, in the version resulting from this modification, on the Légifrance website (https://www.legifrance.gouv.fr).