CRO(ss) B(order) E(lectronic) CO(nveyancing)

CRO(ss) B(order) E(lectronic) CO(nveyancing)

ELRA develops draft of a Common Conveyancing Reference Framework for

crossborder electronic conveyancing.

The CCRF is a toolbox for conveyancers, registrars and other stakeholders

who want to improve:

• faith of potential buyers in equal legal protection;

• efficiency and speed in the (computerized) processing of cross border transactions in land registries.

Respect for existing legislation

No change in responsabilitiesof registrar/ conveyancer

No change in conveyancing system

A toolbox with e-conveyancing solutions for different legislations

• Title system or deeds system.

• Contract of sale or contract of transfer

• Electronic registration, electronic lodging or electronic conveyancing

• Different system for verfying authenticity and authority

• Different protection against contradictory titles

• Conveyancer from common law system or Notarial system

Regulation(EC) 593/2008:

Contract is governedby law chosenby the parties

CROBECO approach

Contract of sale: Dutch law is applicable

Non contractual obligations (Rome II)

Contractual obligations (Rome I)

Example of contractual obligation

Although the plot is located in a foreign

country, buyer and seller agree that

Dutch law is applicable to the

contract and its implementation.

(wanprestatie)

Example of non contractual obligation

Seller has to inform buyer about foreign

legislation that could obstruct rights

the buyer reasonably could expect

under Dutch law.

On liabillity for violation of this duty

Dutch law (including Title 6 of Book 3

Civil Code) is applicable.

(onrechtmatige daad en culpa in contrahendo)

CROBECO helpdesk (CROBECO@ELRA.EU)

Pilot Netherlands Spain

Collecting information

Deed sent to home country registrar with request to add advice on validity of contract

Dutch Registrar forwards deed and advice to Spanish colleague

Pilot Netherlands/Spain

Respect for existing legislation

Second pilot

Pilot Netherlands/Portugal

CROBECO partners

Persons or organizations, who improve trust of a foreign buyers because of:

- Contract in language of foreign buyer- Legislation of home country foreign buyer applicable to contract- Processing contract from home country foreign buyer

CROBECO partnersCROBECO partners can be:

- Real estate agents- Mortgage banks- conveyancers

Will be listed on CROBECO part of ELRA website.

How to get listed as a CROBECO partner

• Sent a request in English to CROBECO@ ELRA.EU

In the request should be:- description of the plot and the identification of the plot in the Land register- the title of and the acquiring by the seller (for a start no inheritence)- the supposed date of transfer- whether a mortgage deed will be sent or not

How to get listed as a CROBECO partner

The answer will contain :- form for demanding foreign tax id- information that is necessary for collecting information from foreign land register (in

Spain username/password of FLOTI, in Portugal enter www.predialonline.mj.pt)

- software to realise the in the foreign country demanded format and signature

How to get listed as CROBECO partner

Before sending the final document, first as a test: - a draft of the deed (with translation) and all the demanded annexes have to be sent tot

CROBECO helpdesk at least one week before the planned date of transfer;

- after final succesfull registration, the notary will be listed on the CROBECO website as a CROBECO notary.

Follow up May General Assemble of ELRA approving the draft of the CCRF;Start of communication June/Oct 2011 CCRF Other stakeholders are informed and asked to comment  June/ Oct 2011 research CROBECO/ ELRA electronic communication platform  Nov 2011 Second CROBECO conference in Tallinn (Estonia)  2012 Third CROBECO conference in Brussels. Accepting:- final version of CCRF;- Electronic communication platform