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New technologies shall be tools helping notaries in the exercise of their public function – conclusions of the first International Webinar endorsed by the UINL

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New technologies shall be tools helping notaries in the exercise of their public function – conclusions of the first International Webinar endorsed by the UINL

20/05/2020

The Indonesian Notary Association (Ikatan Notaris Indonesia, INI), with the support of the International Union of Notaries (UINL) organized on May 15 an international webinar on the essential public function of notary during and post-pandemic covid-19. 

Many lessons can be drawn from the COVID-19 pandemic. One of them is the awareness that we are truly one and that physical distance is not a barrier in creating”, said INI President Yualita Widyadhari, in her opening speech. 

Indeed, more than 970 people registered for the Webinar, representing 15 countries all over the world (Argentina, Democratic Republic of the Congo, Ecuador, France, Germany, Indonesia, Italy, Republic of Korea, Lithuania, Mongolia, Netherlands, Peru, Puerto Rico, Russian Federation, Ukraine).
 
UINL President, Dr. Not. Cristina N. Armella recalled that the Notariat of Latin type is to be considered an essential service, even if the ways of giving the service are themselves restricted. “Technological development of notaries in each country requires investment and training. Technologies must be tools that help notaries in the exercise of their public function. They must also guarantee the same values and fundamental principles than the paper document.”

The Webinar emphasized on the fact that notaries cannot be replaced by technologies, they act as gatekeeper and therefore, the value of digital and paper format authentic acts is the same and so is the notarial liability. “Our mission to give authenticity must not rely on technology, it must rely on the notary him/herself. The State has delegated its authority not to a machine but to a person”, summed up the UINL Vice President for Europe, Lionel Galliez. 

During more than 3 hours and under the moderation of Prita Suyudi and Albert Richi Aruan, speakers from France, Germany, Indonesia, Italy and Russia discussed the public function of notaries during and post-pandemic: how notaries carry out their duties? How do they deal with new technologies with respect to the notarial fundamental principles? How do notaries can act in situation of emergency?

The Director of Civil Law Affairs from the Ministry of Law and Human Rights of Indonesia, Hendra Gurning, underlined that “The notaries play different roles, they provide different services and they can act as backbone for the continuation of economy amidst this difficult time of Covid-19 (…) This pandemic shows us that notarial electronic act can be a solution” and the laws could be reconsidered in that sense. 

About the electronic solutions in place during pandemic, Giovanni Liotta (Italy) and Christian Schall (Germany) explained the procedures implemented in their countries in order to have remote shareholders meeting for some companies (LLC/Stock corporations). They also exposed the eIDAS European regulation and its implication for the future. Mikhail Yuldashev (Russia) highlighted the service given to the citizens and businesses by notaries, notably regarding the circulation of documents.

Digital access to public registers, digitalization of the preparation and execution of the notarial act, electronic authentic act, remote signature, geographical competences and the control over the technology were topics of discussion. “Our authentication procedure for a functioning legal system and reliable record, should be rigorous” explains Richard Bock, President of the UINL Commission for International Notarial Cooperation (CCNI). He stressed up that “Notaries office must not be shut down even during severe pandemics because they guarantee access to justice and they keep the economy alive.” 

In Indonesia, Notary Alwesius, expressed the wish to implement the electronic act. If the solution seems possible, “the government has to prepare, we don’t want the pandemic to make us rush into things without proper preparation” answered Hendra Gurning. 

The final remarks were given by the Indonesian Honoray Notary, Dr. Herlien Budiono : “Our grand homework after the pandemic and with the rapid development of IT will be to think about the essence of civil notaries", she said before the official closing of the Webinar by Tri Firdaus Akbarsyah, INI General Secretary. 

Synthesis Report 

All the speakers interventions can be found in the UINL Intranet > Intercontinental Commissions > CCNI : Commission for International Notarial Cooperation > 2020.05.15 - UINL INI Webinar

If you are a notary, to have access to the intranet, please register as an individual member

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