Covid-19 – How do I sign documents at home?

Q&As

• Can I sign a document normally?

  Yes, but the method of signing and circulating the document will need to be agreed with all other parties to any document to confirm that it will be accepted.

  Signing a document’s signature page and returning a PDF or Word copy of the entire document by email along with a scanned/photographed copy of the signed page can be acceptable but there are specific protocols that must be followed. For further information please contact us.

• What is an e-signature?

  It is a way of signing documents online, as if a document was physically signed with pen to paper. You can simply type your name or insert scanned or electronic representations of handwritten signatures (amongst many other different forms).

• How secure is an e-signature? Is it reliable?

  This is based on its quality. Some e-signatures can be authenticated and provide a link between the signatory to the document. Trusted services can offer electronic time stamps on the signature, and some which have electronic seals. Such services include DocuSign, which many organisations already use.

• When can an e-signature be used?

  This is dependent on the other party and the type of document. Approval should be sought from everyone involved and it should also be made abundantly clear that the document does not contain a wet ink signature. Most documents, including simple contracts and deeds can be e-signed, as long as the formalities relating to their execution are complied with.

• When will an e-signature not be accepted?

  Wills, lasting powers of attorney, Land Registry documents and various Companies House documents are all examples where they can’t be used.

• How do I witness a signature/e-signature?

  Usually a witness is only required where a deed is being signed. This requires a witness to be physically present when the signatory signs the deed, or inserts their e-signature.

• Do I have to be independent to witness a signature/e-signature?

  Currently there are no legal requirements for a witness to be independent. However, best practice guidelines suggest that they should be i.e. they should not be a spouse, civil partner, cohabitee, family member, a person who has any interest in the particular document, or under the age of 18. Best practice is being relaxed at present but always check with the other side.  Someone who is a contracting party cannot be a witness.

• Can a signature/e-signature be witnessed online via video link, such as Facetime or Skype?

  Witnessing a signature or e-signature by video link through platforms such as Facetime or Skype has not been conclusively approved. Therefore, to use this method creates uncertainty as to the validity of the signing.

  Note that a third party “independent” may be requested to witness the actual witness to the document if that actual witness is not independent to provide evidence if necessary.

• Can someone else add my signature/e-signature to a document on my behalf?

  Yes, ordinarily, and email confirmation can be used to prove authority to do so. However, for some documents such as deeds, no. The only way someone other than the signatory can sign a deed is if they have a signed power of attorney giving them this authority.

• Can I use an e-signature for statutory declarations?

  Statutory declarations need to be signed by the declarant before the person to whom the declaration is made i.e. in the presence of a Solicitor, Notary Public or other authorised person. At present, the law is uncertain on whether this can be carried out by e-signature or remotely.

• How can I sign my Will if I am self-isolating?

  Your Will must be signed and dated before two independent witnesses (ideally over the age of 18). If a beneficiary under your Will acts as a witness, the Will shall still be valid, but the gift to them would fail.

  If you are self-isolating, you could sign your Will with the witness looking through a window, as long as your two witnesses can see you sign. Another option would be for someone to sign your Will on your behalf and at your direction but the Will would need to specify this. You would need three volunteers; two witnesses and one person to sign your Will on your behalf.  Again, you could do this through a window if you prefer.

• How can I sign a Lasting Power of Attorney?

  You will need someone to act as a Certificate Provider and a witness. Please contact a member of the Private Client team if you would like further information.

• How do I sign a document on behalf of a Company?

  Contracts

  As long as you are authorised by the Company to do so, you can sign a contract for and on behalf of the Company.

  Deeds

  You need to be a director of the Company and must have either another director or the company secretary sign the deed as well. Alternatively, you can have a witness confirm your signature or the Company can grant power of attorney to another (but that requires certain formalities to be complied with – a power of attorney cannot be granted by e.g. an email).

• Can a deed be signed on behalf of a Company with an e-signature?

  There is no definitive law on this but the suggestion is that the execution alternative of two directors or a director and company secretary be used and that e-signatures can be inserted by the two different signatories in different places/at different times. Again, check with the other side first.

• How do I sign Companies House documents?

  The Companies House website allows for many documents to be authenticated and filed online. However, some still require a wet-ink signature. For further information on what documents can be filed online, please consider www.gov.uk for recent updates.

• What about property transactions?

  As always, it will be necessary to agree the method of execution with all other parties to any document to ensure that it will be acceptable to them.

• What about documents that need to be registered at the Land Registry?

  The Land Registry is currently looking into an electronic conveyancing model, but for deeds such as transfers, mortgages and leases of more than 7 years, wet ink signed versions of these documents must be delivered to the Registry. Therefore, at present e-signatures are not acceptable.  A power of attorney might therefore be the best option if a wet ink signature isn’t possible.

• What if it is a Community Benefit Society that is entering into a document?

  Contracts

  Subject to any internal standing orders, any person can be authorised to sign a contract on behalf of a community benefit society. As always, if that person is not a director then expect the counterparty to want to see evidence of authority.

  Deeds

  Your Rules are likely to mandate the use of the seal or any other legally permitted method that has been approved by your Board. Accordingly, if your Board has not already sanctioned alternative methods then we would recommend that they do now e.g. a sole Board member in the presence of a witness or the granting of a power of attorney.

• General Recommendation

  Before signing and executing documents, we would recommend discussing the best method to use with your legal advisor. They should be able to steer you to the appropriate route that is compliant with legislation or the regulatory body under which the document is covered.

  For further information on the signing and execution of documents, please contact us.