Clarifications regarding the use of the electronic signature in relation to the territorial offices of ANCPI

In addition to our previous information on the measures provided by the National Agency for Cadastre and Real Estate Publicity (“ANCPI“) in the context of the COVID-19 pandemic (available at the following link: https://filipandcompany.com/masuri-dispuse-de-ancpi-in-contextul-pandemiei-cu-covid-19/), we would like to inform you that ANCPI has issued a point of view on electronic signature regulations, with direct applicability to all territorial offices.

Thus, based on the address no. 17639 dated 15 April 2020 issued by ANCPI to the attention of all OCPI offices, the authority refers to its guidelines issued regarding the online access to the e-Terra integrated cadastre and real estate publicity system for the registration of applications by using electronic signature during the emergency period, which includes the necessary information in order to submit online applications. According to such guidelines, ANCPI establishes that the extended electronic signature, based on a qualified certificate, will be applied on all documents that were previously signed in handwriting. Also, if a document that had to be signed in handwriting consists of several pages, the electronic signature will be applied once, and not on each page.

In order to underline the above, ANCPI issued the Order no. 1210 dated 22 April 2020 on determining the type of electronic signature used by ANCPI and its subordinate institutions, establishing that applications for the provision of cadastral services, real estate publicity, technical endorsements and handovers registered online, as well as the documents attached thereto, in the online application provided by ANCPI and the subordinated institutions, will be signed by using the qualified electronic signature.

Note should be made that, according to the provisions of EU Regulation no. 910/2014 on electronic identification and trust services for electronic transactions in the internal market, the qualified electronic signature corresponds to the extended electronic signatures regulated by the Romanian legislation and it consists of an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures.

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