Executing Documents – Electronic Execution

In today’s high-tech world, people want to make extensive use of modern IT facilities whenever possible, both for convenience and speed. They do not want to be held back by having to create and sign documents in the traditional way. Fortunately, the law allows the use of electronic means to enter into valid and legally binding agreements, and many other documents. In practice, the process of electronic execution has also been significantly advanced by the COVID-19 pandemic.

The guidance note aims to help you decide whether and how you can validly create and sign a particular document electronically. It sets out the legal basis for electronically creating, executing and communicating certain types of contracts, deeds and other documents.

This month, the guidance has been updated. This is following the publication in October 2022 of an updated version of the City of London Law Society’s practice note on the electronic execution of documents. The latest guidance confirms many of the conclusions of the 2019 Law Commission’s report on the electronic execution of documents and discusses e-signing platforms, remote signings in relation to deeds, witnesses and the use of e-seals amongst other things.

This Guidance Note will be of use to all company directors, secretaries and administrators.