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E-signing of contracts – sample template clause

August 2023

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 use of electronic means to enter into valid and legally binding agreements and many other documents.

In addition to the guidance note already on our site, we have added a sample electronic signature template clause. This clause may be inserted into a contract where the parties agree to execute the contract by electronic signature and confirm their intention to be bound by the contract as if signed by their manuscript signature.

An electronic signature will not be denied legal effect and admissibility as evidence in legal proceedings just because it is electronic, however, this clause aims to boost the parties’ confidence that their e-signatures are binding.

This template should be read in conjunction with our guidance note on electronic signatures, which can be accessed here and the Final Report published by the expert Industry Working Group on electronic execution of documents which can be accessed here.

Note that this clause should only be used in the context of a corporate or commercial simple contract. It is not applicable to deeds or property related documents.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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