Electronic Signatures and Legal Documents

Equilaw • April 18, 2021

Electronic Signatures and Legal Documents

During COVID-19, we saw the rise in electronic signatures to avoid face-to-face contact. But is your electronic signature legally binding? How does the recipient know that it was you that
signed the document?

Our Firm has recently welcomed the use of DocuSign to sign Contracts for Sale and various other documents in conveyancing matters. This method of signing has proven to be time efficient and more convenient for our clients, as the document is sent straight our clients through email and with a click of a button it is sent straight back to us.

With the rise in the use of electronic signatures, how do you know if the document is legal if it is signed electronically?

Some forms and document still require wet signatures and your solicitor or the person managing the document will inform you of this. Once you sign any document using your electronic signature, it is considered to have the same effect as it would if you signed it with a pen.

This is why it is important to understand the document in its full capacity before you sign the same. If you have any doubts or concerns using this method of signing, always ask the person managing the document.

But how would they know if it was you that signed the document?

The recipient of the electronically sign document would know it was you who signed by confirming the email address it is being sent to belongs to you, and having open and clear communication with you to ensure that the document is being sent to you electronically.

Having clear communication is the key to success when using electronic signatures because it ensures that all parties are on the same page. It is important to ask questions and confirm all details if you are ever unsure of signing documents electronically.

If you have any further questions regarding electronic signatures, please do not hesitate to
contact our friendly team on 02 6542 5566 .

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