Property (Miscellaneous Provisions) (Amendment) Act, 2020 (Act 61of 2020)

PROPERTY (MISCELLANEOUS PROVISIONS) (AMENDMENT) ACT, 2020

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Property (Miscellaneous Provisions) (Amendment) Act, 2020

PROPERTY (MISCELLANEOUS PROVISIONS) (AMENDMENT) ACT, 2020 AN ACT TO AMEND THE PROPERTY (MISCELLANEOUS PROVISIONS) ACT (2017 REVISION) TO PROVIDE FOR THE VIRTUAL WITNESSING AND ATTESTATION OF REQUIRED SIGNATURES FOR THE EXECUTION OF A DEED OR INSTRUMENT UNDER SEAL; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. Short title This Act may be cited as the Property (Miscellaneous Provisions) (Amendment) Act, Amendment of section 8 of the Property (Miscellaneous Provisions) Act (2017 Revision) - deeds and certain other instruments no longer required to be executed under seal The Property (Miscellaneous Provisions) Act (2017 Revision) is amended in section 8 as follows — (a) by inserting after subsection (4), the following subsection — “(4A) During the period commencing on the date of commencement of the Property (Miscellaneous Provisions) (Amendment) Act, 2020 and ending on 16th April, 2022 or at such other date as Cabinet may by Order appoint — I Assent, Martyn Roper Governor Date: 6th day of January, 2021

Property (Miscellaneous Provisions) (Amendment) Act, 2020

(a) where an individual or another person, at the direction of the individual or on behalf of the individual, signs a deed or instrument in the virtual presence of a witness — (i) the witness must be able to contemporaneously view the signing of the deed or instrument remotely; and (ii) where the individual signing the deed or instrument is not personally known to the witness, the individual shall present a valid photo identification to the witness contemporaneously; (b) a person is in the virtual presence of another if, using communication technology, both persons are able to contemporaneously see, hear and speak to each other; “communication technology” means any electronic device or process that facilitates communication of visual images and audio in real time; (d) “electronic” means relating to technology having electrical, magnetic, optical, electromagnetic, or similar capabilities, whether digital, analogue or otherwise; and (e) “presence” includes virtual presence.”; (b) in subsection (5), by deleting the words “subsections (1) to (4)” and substituting the words “subsections (1) to (4A)”; in subsection (6) by deleting the words “subsection (4)” and substituting the words “subsections (4) and (4A)”; and (d) by inserting after subsection (6), the following subsection — “(7) The Cabinet may make regulations providing for such matters as may be necessary for giving effect to subsection (4A).”.

Passed by the Parliament the 16th day of December, 2020. Hon. W. McKeeva Bush Speaker Zena Merren-Chin Clerk of the Parliament