4.3 Who is entitled to register electronically?
Professional entities – not individuals – are entitled to register electronically in the Register of Deeds, provided they have an agreement with the Register on “access to and use of a system for electronic registration”. From the standard agreement, covering eight pages, parts of Clause 4 on the user’s obligations should be quoted:
“The user shall have an accessible technical solution compatible with the system the Register of Deeds has developed and uses for electronic registration. The Register determines the form and layout of electronic documents sent for registration, hereunder the contents of such documents and the procedure for correct filling in of information …
The user must make secure transmissions to the Register using a safe method. The Register determines what is considered a safe method based on the current safety evaluation ….”
In contrast, the travaux préparatoires(1) Prop. 129 L (2022–2023) p. 19.to the 2023 amendments say that electronic registration in the Ship Register shall be open for anyone; one important argument for this being the number of pleasure craft listed in the Register. The travaux also stated that an intuitive and user-friendly gateway was to be developed:
“A standard condition will be that access to the system as regards signing of title and mortgage documents requires the sender to log in by way of secure identification, either with Bank-ID or other electronic identification with a safety level 4 accepted for use in Altinn’s solutions. This is an identification mechanism rarely available to non-Norwegians …
It is not proposed to have statutory rules on defined identification mechanisms or electronic certificates. The act will in this way be open to a technical development whereby Bank-ID is replaced by new mechanisms for identification, foreign ones included.”
One way of solving the problems for a non-Norwegian is to use a power of attorney until international solutions are established:
“For foreign users, the power of attorney has to be sent in original paper form, while the remaining part of the registration can proceed by use of the authorized agent’s Bank-ID.”
There is also the possibility to use paper registration, see 4.7 below.