In practice, we are increasingly being requested to accept a full suite of construction documents on a certified CD rather than a typical certified copy of the paper documents.
What is a certified copy?
A certified copy is a copy of a document which is endorsed as being a true copy of the original at a given date. To achieve this the document is usually stamped with a stamp mark noting
We hereby certify that this is a true and complete copy of the original.
Firm name Signed
Role e.g. Solicitor ………………………………………..
and then signed and dated by the certifying person. As with a document, a certified CD is usually stamped with a stamp mark.
Although there are various forms of guidance for certifying documents for official purposes generally e.g. UK government’s generic guidance, there is little in the way of statutory definition. There is also a lack of guidance covering certified copy CDs.
Note that although written deeds or documents may be placed on a CD, they are still printable and therefore constitute writing.
There are a number of different circumstances whereby certified copies may be a necessity. This includes applications to change the register of a registered property via the e-Document Registration Service at Land Registry – which allows for the electronic submission of certified copy documents.
Best practice is to ensure that:
- it is clear on the face of it that the paper document is intended to be a deed by the person making it or by the parties to it (s1(2) LP(MP)A 1989); and
- the deed is correctly executed under s1 (3) LP(MP) A 1989.
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