The Coronavirus pandemic, and subsequent lockdowns, required timely amendments to many Cayman laws and regulations to enable the business community to continue to function. One such innovative change was the passing of the Notaries Public (Virtual Conduct of Notarial Acts) Regulations, 2020 which when combined with The Property (Miscellaneous Provisions) (Amendment Act), 2020 enabled persons to sign property related deeds or instruments remotely and removed the need for their physical presence before the notary.
HSM Property Partner Linda DaCosta explains that through video conferencing (Zoom, Teams etc.), lawyers in the Cayman Islands were for the first time permitted to meet virtually with clients to present passports and sign documents without compromising public health and safety. The amended law allowed unprecedented continuity and facilitated transactions effectively ensuring business generally and property transactions were still taking place during lockdown.
Unfortunately as of 13 April 2022, the Notaries Public (Virtual Conduct of Notarial Acts) Regulations, 2020 were stated to only be in effect for a period of 2 years and will expire on 16 April 2022. Whilst COVID related issues continue, it can only be hoped that the Regulations will be extended. Even in a post-COVID world the need for such a provision to assist the elderly and disabled is obvious. Further in a Green Cayman it cuts down on at least a few otherwise unnecessary car trips to the lawyer’s office.
There is still opportunity for further improvements. The amendments did not effectively allow for statutory documents to be executed remotely by a person located outside Cayman, we would like to see the scope extended to at least cover Caymanians overseas.
HSM stands ready to assist any clients with any appropriate notarial assistance and count five notaries amongst our team members. Notarial acts can be done either at our offices or remotely if the Regulations are extended. In cases of urgency or where clients are unable to attend our offices, we can also notarise documents at our client’s homes or at a hospital.
HSM hope that the Government will extend the Regulations and make the change a permanent one, embracing the electronic world we now live in.
Legal Disclaimer
The contents of this site are for general information purposes for the clients and professional contacts of HSM Chambers and HSM IP Ltd. Any other use of the guides, publications or other content found on this website is expressly prohibited without the prior written consent of the HSM Group.
The contents do not purport to be comprehensive or to constitute legal or professional advice and should not be relied upon in any manner. For specific matters appropriate legal or other professional advice should be obtained. Any and all liability which may arise from the use of this website or from reliance on the materials or the contents of this site is expressly excluded and the HSM Group accepts no responsibility for any loss whatsoever. This website is subject to the laws of the Cayman Islands.
HSM IP Ltd. is an incorporated legal practice in accordance with the Legal Practioners (Incorporated Practice) Regulations 2006.
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok