to Allied Professionals

Document Sample
to Allied Professionals Powered By Docstoc
					More than 150 people from 38 countries
attended the two-day forum. Most
                                                   PRESIDENT
were Notaries involved in international                                         Chris Dupuis
documentation and commerce. The goal
was to determine how the Apostille can


                                                         Salute
be transmitted electronically using the
Notary’s digital signature—and still ensure
the integrity and validity of the document


                                               to Allied
and its attachments.
     Our colleague Jeffrey Talpis, Notary
and Université de Montréal professor,
helped analyze the presentations to
determine whether e-notarizations are
relevant and if they will provide the
                                              Professionals
appropriate legal effect. Talpis posed 23
questions for the conference attendees,
including the following.




                                              T
 • Should there be a uniform definition             his issue of The Scrivener                         What he did, however, upon the
                                                                                                  realization of his plight, was speak to one
   for electronic signatures for the                pays tribute to Allied
   purpose of the convention or should                                                            of his friends, a lawyer from Surrey, who
   it be left to each State to determine            Professionals—most                            lived in New Westminster and who had a
   whether an electronic signature is         specifically BC lawyers.                            very busy real-property practice.
   equivalent to a handwritten signature?                                                              In hindsight, my father’s actions were
                                                    In the process of writing these articles, I
 • Where conservation of the original                                                             a minor stroke of genius. He asked his
                                              draw upon some of my life/Notary practice
   public document is required, should                                                            friend if he would be so kind as to “check
                                              experiences—45 years of living—the last 22
   special measures be adopted for the                                                            in” on his son from time to time and
                                              as a sole-practitioner Notary.
   conservation of electronic documents?                                                          maybe help him out if he needed it.
                                                   The fact that I am a sole practitioner
 • Should there be specific requirements                                                               The fact that we did not compete in
                                              was never supposed to happen but “the
   for the establishment, consultation,                                                           the same market, that the friend was 12
                                              best laid plans of mice and men...”
   and control of electronic registers?                                                           years my senior—more of an older brother
                                                   My late father, you see, was a                 or uncle than a nagging parent—and that
     Each week, hundreds of documents
                                              practising Notary who thought it best               he held many of the same interests I did
cross my desk for my examination and
                                              that, since I was a tad young to be set             outside of our professions made for an
signature before they are sent to another
                                              loose on the unsuspecting public—and                amazing relationship.
country, a foreign consulate, or to the
                                              fellow professionals—he would guide
Lieutenant Governor of BC for signatures.                                                              My father’s friend helped me through
                                              my formative years as a Notary. I think
Clients include people looking to travel,                                                         some very interesting times. He was, for all
                                              he was also taken with the idea that his
bring relatives into the country, or                                                              intents and purposes, my coach, confident,
                                              23-year-old-son would, as part of his
adopt a child—and businesspeople and                                                              and mentor—by all accounts, an ally.
                                              indenture, hold forth for holiday relief at
manufacturers looking to market their
                                              his command.                                             So for this issue, I would like to salute
product or idea to another country.
                                                                                                  our Allied Professionals. And I personally
     Electronic transfers preclude                                                                and most specifically would like to pay
the time delays of sending hard-copy              In hindsight, my father’s                       tribute to my friend David Worthington,
documents from one authority to another.            actions were a minor                          senior partner of the firm MacQuarrie
BC Notaries and lawyers are currently                 stroke of genius.                           Hunter in Surrey.
using today’s technology to apply their
                                                                                                       Thank you, David. You have made
digital signatures with the appropriate            Unfortunately, that was not to be.             the journey great. And as my ally, you have
authentication by the governing authority.    During our first year together in practice,         taught me more than you will ever know.
    Notaries and lawyers from around the      my father suffered complications from
                                              open heart surgery, was forced into                 Chris Dupuis is a Notary in New
world are working together to enhance and
                                              retirement, and quite tragically and                Westminster, BC.
improve the lives and requirements of the
communities we serve. ▲                       prematurely passed away.                            cdupuis@notaries.bc.ca

Volume 14 Number 2 Summer 2005                                  The Scrivener                                                                      7