Where the signature of either a party or a witness is missing from the signing page of a smart form, this defect cannot be remedied with the Form 30.
Missing signature of a party
Where the signature of a party to a smart form is missing, a scan of a new signature page for that party can be obtained, subject to the following:
1. The security features on the replacement page must be the same as on the document
2. The replacement page must be properly witnessed (does not apply for caveat)
3. The page must be accompanied by a letter from the registrant confirming that the new signature page is to replace the old page.
Missing signature of a witness
A missing witness signature can be corrected in two different ways, depending on the circumstances. It is the responsibility of the registrant to determine the appropriate way.
Where the signature of a witness to a smart form is missing, but the witness saw the party sign the signature page, the witness can sign the signature page and send in a new scan of it. This page must be accompanied by a letter from the registrant confirming that the new signature page is to replace the old page.
Where the signature of a witness to a smart form is missing because the signature of the party to the form was not witnessed, a new signature page must be signed by both the party and the witness. It must:
1. Have the same security features as are on the document
2. Be dated with the date of the new signature and not the defective signature
3. Be accompanied by a letter from the registrant confirming that the new signature page is to replace the old page.
Missing signature of a solicitor and agent
Where the signature of a solicitor and agent providing either fair market value or Farm Lands Ownership Act evidence in smart form transfer is missing, this can be remedied either with a properly drafted lawyer’s correction letter providing the evidence or with a scan of a new signature page for that party, subject to the following:
1. The security features on the replacement page must be the same as on the document
2. The page must be accompanied by a letter from the registrant confirming that the new signature page is to replace the old page.