Verification of Identity

From 9 November 2015, we must comply with new verification of identity requirements before any paper instruments or dealings can be lodged at Land Victoria for registration and before we can hand you any duplicate Certificates of Title that we hold for you.

This requirement applies to the following documents/transactions, which is not an exhaustive list:

  • Transfer of Land;
  • Caveats;
  • Withdrawal of Caveats;
  • Mortgages;
  • Discharge of Mortgages;
  • Survivorship Applications;
  • Plan of Subdivision;
  • Plan of Consolidation;
  • Creation of Easement Instruments; and
  • Provision of any duplicate certificate of title we hold to a client.

Verifying your identity

We must verify your identity, whether you are an individual or a corporate entity.

Individual

If you are an individual, we must verify your identity in accordance with a standard procedure. The standard procedure involves a face to face interview where you will be required to produce certain original and current identification documents such as an Australian or Foreign passport, Australian drivers licence, birth or citizenship certificate and a Medicare, Centrelink or Department of Veterans Affairs card. We will retain copies of all identification documents produced by you. All documents will be stored safely and securely to protect your privacy.

Corporate Entities

For corporate entities, we must conduct a search of the records of the relevant regulatory body such as ASIC for companies, take reasonable steps to identify the person(s) authorised to sign or witness the affixing of any seal on behalf of the corporate entity and verify the identity of each person who will sign the instrument or dealing to be registered at Land Victoria on behalf of the corporate entity (usually the directors) in accordance with the standard procedure as described above.

Attorneys

If you are acting as an attorney for an individual or a corporate entity we must sight the power of attorney to ensure that the transaction or dealing proposed is approved. The attorney will then need to be verified in accordance with the standard procedure as described above.

Conclusion

The new verification of identity requirements create additional procedures that must be complied with before any instrument or dealing can be lodged at Land Victoria. We are able to guide you through this new process and to advice on the most appropriate and convenient way for you to be verified. Please contact our office to further discuss the requirements.

Published: 29 February 2016

 

The information in this article is general in nature and is not to be relied upon as legal advice. As always, we recommend you seek thorough legal advice to consider your own circumstances and determine whether the information contained in this article is applicable to you.  This article is current as at the date of publishing but will not be updated as circumstances change.