Guidance Note: Electronic Signature of Deeds and Contracts

This Guidance Note: Electronic Signature of Deeds and Contracts explains the legal basis for creating and executing certain types of contracts, deeds and other documents electronically. It takes account of legal opinions and guidance issued by the Law Society (2016), the Law Commission (2019) and the City of London Law Society (2022).

Following the practical difficulties created by COVID-19, virtual execution (including e-signatures) is now more commonly used in practice.

What this guidance note covers

The guidance note explains when electronic documents may be valid and binding as if they were in hard copy form, and when an electronic signature may be as valid as a traditional signature.

• It explains what is meant (for these purposes) by “signature”, “electronic signature” and “in writing”.
• It highlights that where a deed must be signed in the presence of a witness, the witness should be physically present for the signing, even where the signature is made electronically.

Related guidance on execution formalities

This guidance note refers to, and supplements, the Guidance Note: Formalities for Signing Contracts. Reading both notes together should help you decide whether and how you can validly create and sign a particular document electronically.

For the Law Society’s COVID-19 guidance on execution, see Our position on the use of virtual execution and e-signature during the coronavirus (COVID-19) pandemic.

Land Registry documents

As an exception to this guidance on electronic documents, HM Land Registry has its own requirements for documents to be filed. Before drafting and executing any property document that is to be submitted to HM Land Registry, you are advised to refer to:

• Guidance Note: Electronic Signature of Property Deeds and Contracts; and
• Practice Guide 82: electronic signatures accepted by HM Land Registry.

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