CROBECO Helpdesk (Vision-example from Colegio de Registradores de España) Jesús Camy Escobar

1. CROBECO Helpdesk(Vision-example from Colegio de Registradores de España)Jesús Camy Escobar

2. CROBECO HELPDESK CONCEPT The Helpdesk is designed as a virtual agency for electronic intermediation: its main function is to act as a gateway for the management of the crossborder e-conveyancing document flow: input and output of documents and requests for procedures related to their formalization or registration. It is a tool for voluntary use to help e.conveyancers, to get the needed information to perform a transaction and to fulfill the various requirements of the different member States for admission and registration of documents in the Land Registries, such as the filling and submission of forms to different institutions and taxes payment.

3. The success of cross-border transactions, CROBECO, demands the implementation of a specific legal and operational structure, whose basic lines are defined in the CCRF and whose development implies the creation of the Helpdesk in each of the member States participating in the project. The Portal and implementation of ELRN are equally basic pieces of this architecture.

4. The experience of the pilot between The Netherlands and Spain pointed out the need to address some practical aspects, necessary for the drafting of the documents, to get their entry in the land registry, as well as completing the paperwork accessories set by the State receiver. Therefore, the creation of the Helpdesk meets this objective, responding to the processing and management of documents and their possible incidents in order to solve issues raised in the daily praxis.

5. STRUCTURE AND ORGANIZATION Ownership of the Helpdesk: each State can organize it freely, deciding the structure that best suits to their own organizational peculiarities, either by a public entity or by a private company under the control of the corresponding registration institution, which will be managed under the principles of functional and financial autonomy.

6. Overriding principles: it is a follow-up activity to the implementation of the project CROBECO, exercised upon a system of free competition and whose goal is the integration in the Platform e.justice. We are dealing with an essential tool for the free circulation of documents within the space of freedom, security and justice in the EU, which will allow us to scope any cross-border real estate relationship, both on paper and in an electronic format.

7. Participation in the project from other groups: given the large number and variety of features that can be developed through the Helpdesk, the collaboration and participation of other stakeholders in cross-border transactions, as the conveyancers, lawyers, EULIS, managers and real estate agents, is considered convenient.

8. The Helpdesk is conceived as a virtual agency for electronic intermediation: its main function is to act as entrance and exit of documents and paperwork associated with its formalization or registration requests. With this proposal the Helpdesk is even able to assume representative powers. Its activity has to be developed under the criterion of neutrality. It is considered desirable to contract a civil liability insurance to give coverage to the risks arising from its activity.

9. Operational neutrality: when necessary, the helpdesk will have to forward the document or requested processing to the Register or stakeholder professional group that can best undertake its management on the basis of its specific competence. This distribution of activities will be carried out according to neutral criteria, previously defined with the professional groups involved, and taking into account the location of the plot for efficiency reasons.

10. Access portal: the Helpdesk will be integrated in the portal of CROBECO, in the area for Crosborder Conveyancers, to provide them with an interface for access to each one of the Helpdesks in the different States, through a screen of common design, being necessary for this purpose a digital signing certificate, which will make it possible to complete requirements for each State to process the request in the aforementioned common screen. Access will be restricted, only allowed to the conveyancers, lawyers and other professional groups that collaborate in the project.

11. Control of the state of the procedure: through the CROBECO portal and through the use of a signing certificate recognized/advanced according to decision of each State, petitioners can know the status of the processing of the file, with an indication of the responsible professional and date of each of their incidents, as well as the conclusion of the procedure. This relational database will allow the development of statistical studies and the collaboration with the respective authorities. The rules on personal data protection will be applicable in each State.

12. OUTLINE OF PREVIOUS PAPERWORK NECESSARY FOR DRAWING UP THE DOCUMENT: Prior registration information: -     Land registry disclosure, including, if possible, the registered graphic identification of the plot. -     Trade register on governing bodies and societies. -   Civil Registry certifications, about circumstances related to the natural persons.

13. Tax information: -      Tax valuation of the property. -      Cadastral certificate of the plot. -  Completion of previous fiscal formalities: Personal Tax Identification Number, (NIF) Urban planning information: -     Extraction of urban official document with features of the plot. -       Application for licenses and town planning permits.

14. Other data of the plot: -    Certification on community property services charges. -    Technical certifications on buildings. - Technical certification on energetic efficiency. -  Certifications or approvals evidencing that the plot is not affected by public or environmental limitations.

15. Other data about hereditary succession: -    Certificates of existence of a will. -    Documents proving the inheritance rights as heir or legatee. -    Appointment of hereditary administrators or distributors. -    Certificates on life insurances policies. Mandatory preemptive rights notifications: -    Requirements for civil or administrative preemptive rights.

16. OUTLINE OF PREVIOUS PAPERWORK NEEDED FOR THE ENTRY OF THE DOCUMENT, ONCE IT HAS BEEN SENT TO THE APPROPIATE LAND REGISTRY IN ORDER TO FIX THE PRIORITY OR RANK. - Presentation of the electronic document along with the official forms in the competent offices for the liquidation of tax derived from the agreement. In some States this can cause the blockade of entry until the conclusion of this processing. (Transmission Tax) - Payment of the tax.

17. OUTLINE OF PAPERWORK DURING THE REGISTRATION PROCESS: RECEPTION OF NOTIFICATIONS -   To solve problems arising from the Registrar scrutiny. -   Payment of registration fees. -   Processing of appeals against the Registrar scrutiny.

18. OUTLINE OF PAPERWORK PARALLEL OR SUBSEQUENT TO THE REGISTRATION PROCESS: Tax liabilities which do not produce registration blockade: -   Increases or decreases produced in the value of estate as a result of the transmission contained in the document. (Capital gains tax). -   Submission of documentation and payment of municipal taxes arising from the transmission contained in the document. (Property tax)

19. OUTLINE OF PAPERWORK PARALLEL OR SUBSEQUENT TO THE REGISTRATION PROCESS: Tax liabilities which do not produce registration blockade: -   Reception of notifications, completion of requirements and intervention in the different procedures of management, inspection or review of the tributes. -  Statement to the cadaster of the changes in title and description of the plots. -   Completion of duties laid down in the legislation of each State to prevent money laundering and tax fraud.