Section 2 of the Electronic Deeds Registration Act 2 of 2019 comes into effect today. This is the first piece of the Act to become operational and makes the Chief Registrar of Deeds responsible to establish a system for the electronic registration of deeds. Although there is no prescribed time-frame to launch the new system, it is understood that this new responsibility is regarded as a priority.
How must the Chief Registrar go about this? Section 2 dictates as follows:
“Development, establishment and maintenance of electronic deeds registration system
2. (1) The Chief Registrar of Deeds must … develop, establish and maintain the electronic deeds registration system using information and communications technologies for the preparation, lodgment, registration, execution and storing of deeds and documents.
(2) In achieving the objectives contemplated in subsection (1), the Chief Registrar of Deeds may, after consultation with the Regulations Board … issue directives for—
(a) the functional requirements of the electronic deeds registration system;
(b) the technical specifications for the electronic deeds registration system;
(c) the specifications for the interface between the electronic deeds registration system and any party interfacing in the system which will be authorised to access the electronic deeds registration system;
(d) the standards governing the information security of the electronic deeds registration system;
(e) the operation of the electronic deeds registration system;
(f) the processing of deeds and documents using the electronic deeds registration system;
(g) the secure retention and subsequent production of deeds and documents, or any other electronic records, which may be pertinent to the registration of rights in the deeds registry or that may be required for the administrative or legal proceedings that must be complied with by users interacting with the electronic deeds registration system; and
(h) any other matter specifically provided for in this Act.”
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