Requirements of Writing (Scotland) Act 1995

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ii)If the document is a traditional, hard-copy document and has been signed by traditional means that document can be returned to the notary by post or courier for them to notarise; f) If agreed to fall within the scope of the work, the notary must use all reasonable endeavours to establish that this procedure will result in the acceptance of the document in the receiving jurisdiction. If this is not agreed to fall within the scope of the work the notary should advise the deponent that they are not accepting responsibility for ensuring the receiving jurisdiction will accept the document. The signature of the witness must conform to the same requirements which bind the signature of a granter. The provisions that were in place in the Coronavirus (Scotland) (No2) Act 2020 Schedule 4, part 7 have now been incorporated into the Requirements of Writing (Scotland) Act 1995. This is by virtue of section 39 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022. The provisions now appear in section 10A of the Requirements of Writing (Scotland) Act 1995 which came into effect on 1 October 2022. We can only register original paper documents that are in self-proving form.We can’t accept electronic documents or copies of original documents of an original paper deed. You can submit electronic documents signed by qualified electronic signature (QES) ( specific guidance for QES above).

Signatures must be a ‘voluntary, spontaneous act of the granter’. The hand may not be guided nor can a pencilled signature be inked in. The hand may be supported if held above the wrist – but this should be avoided except in extreme emergency. a) A notary may, subject to the conditions set out in paragraph 4, use video technology to certify the execution of a document signed (including by electronic signature) by an individual by means of a notarial act. c) Once both parties have an unsigned copy of the relevant document the notary should take steps during the video conference to ensure that the document that they have sight of is an exact copy of the same document that is before the individual. This can be done by, for example, having the individual read out the document or by having the individual share their screen.After you have submitted your application with QES uploads and we have received your wet signed documents we will review your application.

In Scotland, the general rule is that writing is not required to create a contract or a unilateral obligation or a trust.The signed document must then be sent to the notary to allow them to notarise it and this can be done is a number of ways: a surname, preceded by at least one forename.The forename can be expressed in full, or with an initial, abbreviation or familiar form We won't register such documents even where they're in self-proving form or sworn before a notary public. Signing a deed a) the requirements described by sub-paragraph (1)(a) include a requirement that may be fulfilled by the physical presence of a professional of a type not mentioned in the definition of “relevant person” as well as by a professional of a type that is (for example, it includes a requirement for the physical presence of a solicitor or a registered medical practitioner), but A deed that is to be registered should also typically be witnessed. Witnesses should also sign in one of the two styles set out above.

The 1995 Act also allows deeds to be signed in a way that does not fit either of the two styles above, for example in the format surname forename, or by non-Roman characters, if that is the usual signature of the granter. However, the 1995 Act prohibits documents signed in this way from being self-proving (unless that is established in court proceedings or the form of signing is also replicated elsewhere in the deed). Where parties insist on signing in this way, care should therefore be taken to ensure that the form of signing is also narrated in the body or testing clause of the deed to ensure self-proving status can be obtained.The notary should also take care when producing a narration (see (h) below) to ensure that if the process in (iii) is followed that it is clear that they have notarised a ‘copy’ rather than an ‘original’ document.