Families, French expatriates living abroad: you wish to give power of attorney to a relative for signing your sales agreement, preliminary contract, or your donation to a notarial office in France. The decree dated November 20, 2020 prolongs the possibility for notaries to establish genuine powers of attorney remotely.
The decree n° 2020-1422 of 20 November 2020 establishes the remote notarized power of attorney. It prolongs the possibility for notaries to draw up the notarial act remotely, for authentic powers of attorney. The notary can now establish the power of attorney via an electronic system which guarantees security and confidentiality, when one or all of the parties cannot be present.
Which are the concerned acts?
Notarized powers of attorney can now appear remotely. In other words, these powers of attorney are given to sign an act. Your notary will be able to confirm, depending on the nature of the act you wish to regulate, whether or not this is possible through the means of a power of attorney with remote appearance.
To sign the power of attorney online with your notary:
You must possess technical equipment: a relatively recent and up-to-date desktop or laptop computer, webcam, microphone, speakers, Internet browser and an Internet connection with a good speed, personal email address, access to the email application that manages your personal email (webmail), mobile phone, copy of identity document...
The videoconferencing system which is used will only be the one offered by your notary. It is a secure system approved by the profession in accordance with the decree. The use of consumer applications (Skype, Zoom, WhatsApp, FaceTime, etc.) is strictly forbidden.
The procedure takes place through two phases: submission of documents and verification of identities then signing the authentic power of attorney.
Documents and elements relating to the case are exchanged and made available via a secure digital platform.