On 4th September, the Law Society Gazette reported that documents signed electronically – even when a statutory requirement for a signature predates the digital age – have legal force, the UK Law Commission has said in an attempt to clear up lingering doubts over the issue, following a Government-commissioned study. There is a 124-page study of statute, common and case law. The Commission says some parties still have doubts over whether an electronic signature can be used in particular situations. The study opens with a 2-page statement of the law as assessed by the Commission. Overall it states that an electronic signature is capable in law of executing a document (including a deed) provided that the person signing intends to do so and that any further required formalities, such as a witness, are satisfied. However, the Commission makes several recommendations to address some of the practicalities of electronic execution and the rules for executing deeds.
The study is at –
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