In the new age of mass homeworking in the UK, we discuss the topic of Electronic Signatures
Is it a legal requirement for a “wet ink” signature?
It is becoming increasingly more common to receive poorly pixelated – copy of a sender’s signature at the bottom of accounts, letters or legal documents, but until now it was unclear just what legal basis these digital signatures held.
Law Commission’s Opinion
The advice arose as a result of a study of statute, common and case law surrounding the use of electronic execution of documents and the legality and validity of such methods.
In short, digital signatures on all documents, including deeds, will be held to be valid, provided that the signatory intended to sign the relevant document and that all further requirements have been satisfied, such as witnessing.
Remote witnessing?
In light of the above advice, businesses have begun to wonder about the other possibilities technology provides, such as remote witnessing.
The Law Commission have, however, curbed any such expectations by confirming that “our view is that the requirement is that a deed which must be signed “in the presence of a witness”, requires the physical presence of that witness”.
