MG Legal, your solicitors Lancaster, specialise in a number of areas where we strongly recommend you seek advice prior to drafting or signing a document. For example, a company may be able to change its constitutional documents to resolve capacity/authority issues and permit electronic execution of documents. 8. … Can they ensure that the electronic signatures are authentic and traceable so as to address fraud? This mixed signature approach has not yet been tested by the Court and so, unless you wish to take the risk of being a ground-breaking pioneer, but potentially losing your case on the grounds of an unenforceable contract, the cost of a pen, sheet of paper, stamp and envelope is probably a worthwhile expenditure. The Lord Chancellor recently confirmed that deeds can be signed electronically, including those needing witnesses, as long as the witness is physically present at the time of the signature. Where the governing law of a document is not English law or where non-English parties are involved, local legal advice will be required as to the legal validity (including capacity and authority considerations) and evidential value of any electronic signatures. For more information, see, Call us on 01524 581 306 (Lancaster), 01995 602 129 (Garstang) or 01772 783 314 (Longridge). The statement must include the words ‘I believe that the facts stated in this witness statement are true’. Can a witness statement be signed electronically? In many cases, however, parties want to record the terms of their agreements and written documents are produced, which are subject to signature. Whilst a signature can be forged, it is harder to do so than an e-signature. Whether a witness can sign electronically is a matter of debate, particularly as the Electronic Transaction Act regimes in NSW, Queensland, WA and SA exclude attestation by electronic … Wills, Powers of Attorney, Deputyships and Probate matters, MG Legal Solutions is AUTHORISED AND REGULATED BY THE SOLICITORS REGULATION AUTHORITY Details of the Solicitors Regulation Authority can be found at www.sra.org.uk SRA REGISTRATION NUMBER: 554094. However as MG Legal, your solicitors Lancaster have often found, each District Judge has their own opinion and as there is currently no guiding decision from the High Court, Court of Appeal or Supreme Court, it would be wise not to electronically sign your witness statement. In these cases, consideration should be given to the evidential value of the form or type of electronic signature adopted and parties should make sure all execution formalities are satisfied. b. Witnessing of documents Where there is a requirement for a deed to be signed "in the presence of a witness", the Law Commission's view is that the witness … Electronic signatures are fast and easy with DocuSign eSignature. District Judge Jenkinson considered various parts of the Civil Procedure Rules and decided that the electronic signature was valid as it was not specifically prohibited, making the witness statement valid. We cannot accept any liability for any information on this website. Having an electronic signature and a hand signature at either end means the same document cannot have an “audit trail” as the two can never meet. ©2021 Kennedys Law LLP, All rights reserved, Insurance and reinsurace. This is because the law is currently unclear as to whether remote or virtual forms of witnessing, such as by video link or other technology, will satisfy a witnessing requirement. The rapid spread of Covid-19 and the sudden closure of commercial premises across the UK has prompted a need for clear direction on the use of electronic signatures and the risks and difficulties which can … Where an electronic signature is used the person signing … On 3 March 2020, t… Since the Companies Act 2006, a document need not be executed by a company seal. This website does not give any legal advice at all, and any information on this website should not be construed as being legal advice offered by the firm. Despite these problems there are a number of alternative options available, including: 1. Statutory Declarations are also required to be made in the traditional manner as the Declaration is said to be “made” by the declarant in the presence of a qualified person rather than simply being a document signed in agreement. As developments unfold, Kennedys experts across the world advise on what the COVID-19 pandemic means for you and your business. To set up witnessed signing. WHEN A SOLICITOR SIGNS A STATEMENT … Witness: In this section of the English SSA-827, one who knows the person signing the form should sign as a witness and provide his or her phone number or address. As a result, valid forms of electronic signature can include: The evidential value of the form or type of electronic signature adopted, however, may be questioned and parties should think carefully about which they choose. Where the formality of witnessing is required, such as with deeds, one must be careful to ensure the physical presence of the witness who can attest to an electronic signature. Situations where electronic signatures are not suitable This is not an exhaustive list, but some of the more common situations in … MG Legal, your solicitors Lancaster, do not wish to take any chances and so we have ensured we are up to date with changing trends and what the highest legal authorities, including the Lord Chancellor, the High Court and those above it are saying. Who can witness your statutory declaration. Applications to restore the case and potentially to rectify the situation are expensive and there is no guarantee of success. You do not have to have your documents witnessed by video—you can still choose to follow the original requirements if you can safely find a witness to sign … failure to sign, with a maximum of $25,000 per person imposed with respect to each calendar year. Unless statute or the document itself provides for otherwise, electronic signatures can be used to sign documents (including contracts and deeds) … We use cookies to help us to improve your browsing experience and understand how people use our website. Any execution formalities are satisfied, such as witnessing or the signature being in a specified form (i.e. In particular, are the platforms secure and reliable? The new laws do not specify the way in which the document must be electronically signed or witnessed, so it is presently up to the parties to the document to agree to this. There are, however, issues to consider in the use of these platforms. Please bear in mind that It is very important that you should not take any steps in reliance upon any information on this website without first seeking a personal consultation with one of our legal advisers. • A Witness Slip can be filed for any … where the electronic signature on an underlying contractual document falls short of local formalities for enforcement. In some circumstances it may also be possible for a party's lawyer to certify a document (such as a witness statement… to prove or disprove the identity of a signatory and/or the signatory’s intention to authenticate the document. handwritten). In an age of electronic and online technology, where is the line drawn? The practice note provides that: originals can be held in hard copy or electronic form, and multiple originals can be created where signatories sign the same document uploaded to an electronic signature platform, they will each be deemed to have signed … Both the signatory and the witness can electronically sign a document. However it is not just electronic signatures that are open to the response that the witness, in fact, knew nothing of them of did not sign them.