Signing documents electronically

Companies can now sign most documents electronically (see here and here) but what about individuals, especially if they are WFA (working from anywhere)?

If you’ve been working remotely or in isolation, complying with complex rules about signing legal documents and having them witnessed in person has been a problem.

If you work nationally, dealing with the different requirements between States makes signing more difficult.

Different document types have different signing and witnessing rules in different States.

And different rules may apply to land documents requiring registration, wills, powers of attorney, affidavits and court documents.

Assuming that the parties have consented to electronic signing and they use a reliable method which identifies the party signing electronically, then the current situation (subject to change) is :

Contracts and agreements: can be signed electronically in all States.
Deeds: Individuals can sign electronically in NSW, Victoria and Queensland.
Individuals cannot sign electronically in ACT, NT, SA, Tas, WA.
Witnessing: No witness required in Qld and Vic but in NSW, WA, ACT, TAS a witness is required audio visually or in person. SA and NT require in person witnessing.

Risk management

  • Use a recognised method of digital signature eg Docusign to meet the specific requirements of legislation.
  • Keep detailed records of documents executed electronically.
  • Documents that have been signed electronically should be securely stored.
  • If remote witnessing is not permitted and the same document must be signed and witnessed, any witness to an electronic signatory should themselves sign electronically in the execution block after the signatory to both identify them as the witness and indicate that they were physically present at the time of execution and witnessed the act of signing.

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David Jacobson

Author: David Jacobson
Principal, Bright Corporate Law
Email:
About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.

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