Russell Kelly & Associates · Norwest NSW
Verification of Identity (VOI)
Verification of Identity for Property Transactions in NSW
Verification of Identity, commonly referred to as VOI, is an important part of the conveyancing and electronic property settlement process in New South Wales.
VOI is used to confirm that a person involved in a property transaction is who they claim to be and forms part of the safeguards designed to reduce the risk of property fraud and unauthorised transactions. Learn more about AML/CTF client identification requirements for legal matters.
Russell Kelly & Associates will advise you about the identification and authorisation requirements that apply to your particular property transaction.
What is Verification of Identity?
Verification of Identity is the process of verifying the identity of a person involved in a conveyancing transaction.
Under the NSW electronic conveyancing framework, lawyers, conveyancers and other subscribers have obligations concerning verification of identity, client authorisation and establishing a client’s right to deal with property.
These requirements help protect the integrity of property transactions and reduce the risk of identity and property fraud.
Who May Need to Complete VOI?
Verification requirements depend upon the transaction and the capacity in which a person is acting.
VOI may be required for people involved in transactions such as:
- buying property;
- selling property;
- transferring an interest in property;
- mortgaging or refinancing property;
- acting on behalf of another person under a power of attorney; or
- acting for a company or other legal entity involved in a property transaction.
We will advise you if VOI is required and what identification or supporting documentation needs to be provided.
Verification of Identity for Individuals
Where a client is an individual, appropriate identity documents are used to verify that person’s identity.
The documents required will depend upon the circumstances and the verification process being used. We will provide instructions about the identification documents required for your matter. Read more about witnessing legal documents in NSW.
Companies and Other Legal Entities
Where a company or another legal entity is involved in a property transaction, additional steps may be required.
This can include confirming the existence of the entity and verifying the identity and authority of the person or persons acting on its behalf.
Appropriate corporate or other supporting documentation may also be required to establish that the person giving instructions has authority to enter into the transaction.
Attorneys and Representatives
Where a person acts under a power of attorney or in another representative capacity, additional verification and authority requirements can apply.
This can include verifying the identity of the person acting and reviewing the document or other evidence establishing their authority.
Client Authorisation
Verification of Identity is different from Client Authorisation.
A Client Authorisation enables a lawyer or conveyancer participating in electronic conveyancing to act on the client’s behalf in relation to specified conveyancing transactions, including electronically signing and lodging relevant documents where authorised.
We will explain the Client Authorisation requirements relevant to your transaction.
Right to Deal with the Property
Confirming identity does not, by itself, establish that a person has the legal right or authority to deal with a particular property.
As part of a conveyancing transaction, additional evidence may be required to establish the connection between the client and the property and their authority to enter into the transaction.
VOI and Electronic Conveyancing
Most conveyancing transactions in NSW are completed electronically. Verification of Identity, Client Authorisation and right-to-deal requirements form important parts of that process.
Learn more about PEXA and electronic property settlement.
Buying or Selling Property
VOI is one part of the broader legal process involved in buying, selling or transferring property.
Learn more about our Property Law and Conveyancing services.
Speak to Russell Kelly & Associates
If you are buying, selling or transferring property, we will advise you about the Verification of Identity and authorisation requirements applying to your transaction.
This information is general in nature. Verification and authorisation requirements depend upon the particular transaction and circumstances.