Practical considerations for electronic execution

by Kristan Conlon Partner, McCullough Robertson, and Emile McPhee Senior Associate, McCullough Robertson
  • During COVID-19 self-isolation, electronic execution can be used in many cases so that transactions may progress, however not all documents can be executed electronically.
  • This is a rapidly evolving area of law that until now has been a matter of convenience and efficiency rather than one of commercial imperative.
  • This article outlines the practical steps you should take if you are considering executing electronically, or accepting any document executed electronically.

COVID-19 has brought many challenges to the commercial landscape, including the execution of documents when parties may not, because of the requirement to self-isolate, be able to receive, sign and exchange hardcopy documents. Electronic execution can be used in many cases so that transactions may progress, however not all documents can be executed electronically.

This article sets out what kind of documents can be electronically executed and what to consider to minimise risks.

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