[cabf_validation] Latin Notary

[Kirk Hall]

Chris Bailey will also endorse

From: Validation [mailto:validation-bounces at cabforum.org] On Behalf Of Jeremy Rowley via Validation
Sent: Thursday, October 19, 2017 7:39 AM
To: CA/Browser Forum Validation WG List <validation at cabforum.org>
Subject: [EXTERNAL][cabf_validation] Latin Notary

I can't remember who volunteered to endorse the following. I know Doug was an endorser/sponsor originally. One more?

Ballot 192 - Notary Clarification
Currently, section 11.11.1(A)(ii) of the EV Guidelines states,
11.11.1. Verified Legal Opinion (1) Verification Requirements: Before relying on a legal opinion submitted to the CA, the CA MUST verify that such legal opinion meets the following requirements: (A) Status of Author: The CA MUST verify that the legal opinion is authored by an independent legal practitioner retained by and representing the Applicant (or an in-house legal practitioner employed by the Applicant) (Legal Practitioner) who is either:
...
(ii) A notary that is a member of the International Union of Latin Notaries, and is licensed to practice in the country of the Applicant's Jurisdiction of Incorporation or Registration or any jurisdiction where the Applicant maintains an office or physical facility (and that such jurisdiction recognizes the role of the Latin Notary);
The EV Guidelines already define "Latin Notary" appropriately and sufficiently as "A person with legal training whose commission under applicable law not only includes authority to authenticate the execution of a signature on a document but also responsibility for the correctness and content of the document. A Latin Notary is sometimes referred to as a Civil Law Notary."
Whether a Latin Notary (or Civil Law Notary) is a member of the IULN should not be dispositive as to whether the person is competent and qualified to provide a legal opinion. The current wording of section 11.11.1(A)(ii) means we cannot accept letters from proper Latin Notaries (individuals) who aren't members of the IULN.
By deleting the requirement that a Latin Notary be a member of the International Union of Latin Notaries, this ballot permits a more extensive view on who can provide the type of legal opinion required by the EV Guidelines.
--MOTION BEGINS--

  1.  Effective immediately, modify section 11.11.1(A) of the EV Guidelines to read as follows:
11.11.1. Verified Legal Opinion
(1) Verification Requirements: Before relying on a legal opinion submitted to the CA, the CA MUST verify that such legal opinion meets the following requirements:
(A) Status of Author: The CA MUST verify that the legal opinion is authored by an independent legal practitioner retained by and representing the Applicant (or an in-house legal practitioner employed by the Applicant) (Legal Practitioner) who is either:
(i) A lawyer (or solicitor, barrister, advocate, or equivalent) licensed to practice law in the country of the Applicant's Jurisdiction of Incorporation or Registration or any jurisdiction where the Applicant maintains an office or physical facility, or
(ii) A Latin notary that is a member of the International Union of Latin Notaries, and is who is commissioned or licensed to practice in the country of the Applicant's Jurisdiction of Incorporation or Registration or any jurisdiction where the Applicant maintains an office or physical facility (and that such jurisdiction recognizes the role of the Latin Notary);
--MOTION ENDS--

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