A physical transfer to the notary office can thus be avoided.
In accordance with the current directive of the Belgian notary office, at the time of this pandemic, only the 'urgent' deeds can become a thing of the past. However, the communication from the Belgian civil-law notary showed that this condition was not workable in practice, which meant that alternative solutions had to be found.
The legislator responded to this with the Act of 30 April 2020 containing various provisions on justice in the context of the fight against the spread of the coronavirus COVID-19. As of 4 May 2020, you can grant an authentic power of attorney by videoconference with the civil-law notary to an employee of the civil-law notary's office or to a confidential adviser who is present on the spot. This employee or confidential adviser will then be legally authorised to sign the authentic deed in your name and on your behalf. A physical transfer to the notary's office is therefore no longer necessary. This can be very useful - because, for example, people who are abroad can also appear before the notary's office in Belgium by means of this videoconference, without having to move.
Identification takes place entirely over the Internet. You will be asked by the notary to identify yourself by reading out his identity card and entering a PIN code via an ID reader, or via the identification app 'Itsme'.
Just as in the case of a physical presence, the notary will provide the necessary explanation of the underlying (to be signed) authentic deed during this videoconference. You will also have the opportunity to submit any questions or comments to the notary. In short, the essential elements of a physical presence are also guaranteed during this digital appointment.
Moreover, the digital power of attorney can be used for all acts for which the law allows a power of attorney, such as deeds of sale, deeds of donation, marriage contracts, the incorporation of a company, amendments to the articles of association of a company, and so on.
Finally, the Act of 30 April 2020 clarifies that the authentic digital power of attorney, granted or to be granted from 13 March 2020 up to and including 30 June 2020, and which also has or will have an effect in that period, does not involve any costs or fees. The tariffs that will apply thereafter are not yet clear.
The introduction of the digital power of attorney is therefore a far-reaching step in the digitisation of notaries' offices, which offers an infinite number of perspectives.