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The notary and verification of your identity

Are you going to meet your notary to finalize a transaction or draw up your will? Don't be surprised if your notary asks you to present two valid pieces of identification. But do you know why?

To protect you and limit the risk of fraud, a notarial deed requires stricter formalities and more checks than a simple written document. However, it is precisely this attention to detail and the numerous checks that ensure the exceptional security of the notarial deed, and, at the same time, your peace of mind. The notary's meticulous verification of proof of identity is just one of these checks.

 

Why this formality?

 

The answer is simple: the law requires the notary to verify your identity. In this sense, the notary can't afford to give anyone a free pass, because the law must be applied in the same way to everyone. So, whether you've known each other for a long time or are meeting for the very first time, his obligation is always the same: to verify your identity. To this end, the notary may question the validity of the documents you present to him or her, and may require other documents. But above and beyond compliance with the law, the main purpose of this formality is to establish with certainty and officially that you are indeed the person you claim to be. It's a preventive measure that makes it difficult for someone to use an identity that isn't their own. In this way, the notary ensures not only your own security, but also that of any other parties to the contract. It also helps to combat fraud, money laundering and the financing of terrorist activities. By appending his signature to the bottom of a document, the notary attests to the validity of the content of the deed to which he is witness, including the identity of all those who affix their signatures. The notarial deed offers the highest degree of legal security: authenticity. Once signed, no one can question its content or validity without taking legal action.

 

Valid proof of identity

 

To verify your identity, the notary will require at least two pieces of identification, one of which must include your photo. To be acceptable, these documents must come from a recognized organization that carries out identity checks at the time of issue. Here are some examples of valid identity documents:

  • a driver's license;
  • a health insurance card;
  • a birth certificate;
  • a passport.

 

WHAT IF I REPRESENT A COMPANY?

 

The notary must also verify the identity of the company, the persons controlling it and its representative for the signing of the deed. He may therefore request certain documents, such as the articles of incorporation of the legal entity, or additional information.

Why keep proof of verification?

 

The notary must keep proof that he has verified your identity. This can be done, for example, by keeping a photocopy of both pieces of identification or the information they contain on file. The notary must also be able to provide the Chambre des notaires du Québec with concrete proof of verification at any time. Once again, this is a legal obligation. But don't worry! The personal information you entrust to your notary is protected by professional secrecy. Not only is the notary prohibited from using this information for any purpose other than that for which it was requested, but he must also ensure that his employees cannot pass it on to anyone else.

The notary must also ensure that the software and applications he uses are secure, for example that data is encrypted when it is transferred, but also when it is stored on servers.

 

And when the technological notarial deed is signed remotely?

 

The notary will take additional steps to meet his obligations and better protect you. Among other things, he will ask you to send him a double-sided color copy of your identification documents before the meeting, using a secure document exchange system. He may take screenshots for his file during the videoconference, and ask you to move your ID in front of the camera to verify security features, or to use an online identity validation device. This could involve asking you if you're alone in the room, and moving the camera so they can see. Finally, multiple means of authentication will be used to sign the notarial deed.

 

In conclusion, the notary protects you and limits the risk of fraud.