Bonsoir,

DocuSign France votes Yes to ballot 192.

Cordialement,
Erwann Abalea

Le 14 juin 2017 à 19:01, Jeremy Rowley via Public 
<[email protected]<mailto:[email protected]>> a écrit :

From the validation WG:

Ballot 192 – Notary Revisions

The following motion has been proposed by Jeremy Rowley of DigiCert and 
endorsed by Kirk Hall of Entrust and Rich Smith of Comodo.
Currently, section 11.11.1(A)(ii) 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--

  A. Effective immediately, modify 11.11.1(A) 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 notary that is a member of the International Union of Latin Notaries, 
and is Latin Notary who is currently 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 jurisdiction recognizes the role of the Latin Notary);

--MOTION ENDS—


The procedure for approval of this ballot is as follows:

BALLOT 192


Start time (22:00 UTC)


End time (22:00 UTC)


Discussion (7 to 14 days)

15th June


21st June


Vote for approval (7 days)


21st June


28th June



Votes must be cast by posting an on-list reply to this thread on the Public 
list. A vote in favor of the motion must indicate a clear 'yes' in the 
response. A vote against must indicate a clear 'no' in the response. A vote to 
abstain must indicate a clear 'abstain' in the response. Unclear responses will 
not be counted. The latest vote received from any representative of a voting 
member before the close of the voting period will be counted. Voting members 
are listed here: https://cabforum.org/members/
In order for the motion to be adopted, two thirds or more of the votes cast by 
members in the CA category and greater than 50% of the votes cast by members in 
the browser category must be in favor. Quorum is shown on CA/Browser Forum 
wiki. Under Bylaw 2.2(g), at least the required quorum number must participate 
in the ballot for the ballot to be valid, either by voting in favor, voting 
against, or abstaining.


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