LexisNexis Practical Guidance®

Straightforward guidance across a range of topics

Overview

  • Remote or electronic signing

Signing documents remotely or electronically in a pandemic or crisis

The legal framework around remote or electronic signing is complex and evolving. This guidance note addresses:

  • Australia’s electronic transaction regime including the requirements for a document to be electronically signed;
  • the key risks relating to the use of electronic signatures; and
  • the key risk mitigants relating to the use of electronic signatures.

See Signing documents remotely or electronically in a pandemic or crisis.

Emergency legislation, signing under s 127 and remote witnessing during COVID-19 pandemic

Emergency legislation has been enacted by the federal government and various states to address the challenges relating to signing and witnessing documents imposed by the COVID-19 pandemic.

This guidance note:

See Emergency legislation, signing under s 127 and remote witnessing during COVID-19 pandemic.

Guidance

Banking and Finance Round-Up — 23 April 2020

Banking and Finance Round-Up — 9 April 2020

Banking and Finance Round-Up — 24 March 2020

Banking and Finance Round-Up — 10 March 2020

Show All Guidance

Checklists

  • Guarantees — Checklist for advising guarantors

    K. Lee, Legal Know-How
  • Securities — Personal Property — Checklist of general considerations for secured parties

    S. Pemberton, Lawyer and Consultant
  • Securities — Personal Property — Checklist of issues to consider when drafting and reviewing security agreements

    M. Gordon, Partner, Piper Alderman
  • Lending — Checklist for steps to be taken before issuing a legal opinion

    Karen Lee, Legal Know-How
  • Consumer credit — Checklist for determining whether you need a credit licence

    K. Harris and P. Dwyer
  • Asset finance — Checklist of key terms for drafting or reviewing a "basic" lease or hire purchase agreement

    F. Rush, formerly Clayton Utz
  • Consumer credit — Checklist for content of credit contract document

    K. Harris and P. Dwyer, D. Harris
  • Consumer credit — Checklist for National Credit Code requirements for default notices for credit contracts and mortgages

    LexisNexis Legal Writer team
  • Derivatives — Checklist for ISDA documentation in a finance transaction

    Ruth Marken, CMS, as adapted from LexisPSL (UK)
  • Lending — Checklist for reliance letter review

    K. Rovers and D. Wangatau, MinterEllison
  • Lending — Checklist for the use of electronic signatures under the Electronic Transactions Act 1999 (Cth) (ETA)

    LexisNexis Legal Writer team
  • Project finance — Checklist for accounts agreement

    K. Lee, Legal Know-How
  • Project finance — Checklist for building a project risk matrix

    K. Lee, Legal Know-How
  • Project finance — Checklist for concession contract

    K. Lee, Legal Know-How
  • Project finance — Checklist for conditions precedent

    K. Lee, Legal Know-How
  • Project finance — Checklist for construction contract review

    K. Lee, Legal Know-How
  • Project finance — Checklist for contractual due diligence

    K. Lee, Legal Know-How
  • Project finance — Checklist for determining a viable enforcement route

    K. Lee, Legal Know-How
  • Project finance — Checklist for environmental due diligence

    K. Lee, Legal Know-How
  • Project finance — Checklists for events of default

    K. Lee, Legal Know-How
  • Project finance — Checklist for feasibility study

    K. Lee, Legal Know-How
  • Project finance — Checklist for financial model — economic variables

    K. Lee, Legal Know-How
  • Project finance — Checklist for force majeure clause

    K. Lee, Legal Know-How
  • Project finance — Checklist for formalities relating to securities

    K. Lee, Legal Know-How
  • Project finance — Checklist for hedging policy

    K. Lee, Legal Know-How
  • Project finance — Checklist for insurance broker’s undertaking

    K. Lee, Legal Know-How
  • Project finance — Checklist for insurance requirements by financiers

    K. Lee, Legal Know-How
  • Project finance — Checklist for key insurance covenants

    K. Lee, Legal Know-How
  • Project finance — Checklist for legal due diligence

    K. Lee, Legal Know-How
  • Project finance — Checklist for offtake contract

    K. Lee, Legal Know-How
  • Project finance — Checklist for operation and maintenance contract

    K. Lee, Legal Know-How
  • Project finance — Checklist for representations and warranties

    K. Lee, Legal Know-How
  • Project finance — Checklist for revenue account

    K. Lee, Legal Know-How
  • Project finance — Checklist of terms for inclusion in insurance policies

    K. Lee, Legal Know-How
  • Project finance — Checklist for undertakings

    K. Lee, Legal Know-How
  • Real estate finance — Checklist for development finance due diligence

    K. Rovers and D. Wangatau, MinterEllison
  • Real estate finance — Checklist for real estate finance due diligence

    K. Rovers and D. Wangatau, MinterEllison
  • Securities — Personal Property — Checklist for acting for a secured party — specific issues to consider before making a registration

    S. Pemberton, Lawyer and Consultant
  • Securities — Personal Property — Flowchart on enforceability of security interests against grantor and third parties

    K. Lee, Legal Know-How
  • Securities — Real Property — Checklist of caveatable interests

    C. Chudleigh, Holding Redlich Lawyers
  • Securities — Real Property — Checklist of non-caveatable interests

    C. Chudleigh, Holding Redlich Lawyers

Legislation

  • Overview — Remote or electronic signing

  • Signing documents remotely or electronically in a pandemic or crisis

  • Emergency legislation, signing under section 127 and remote witnessing during COVID-19 pandemic

Latest Legal Updates

15 May 2020

AFCA amends rules to reflect COVID-19 related small business relief measures

15 May 2020

$160 million remediation for consumers sold junk consumer credit insurance

12 May 2020

VIC temporary regulations allow for electronic signing of deeds and remote witnessing of documents

12 May 2020

FIRB regulations made to implement $0 threshold for FIRB approval in response to COVID-19

12 May 2020

APRA publishes frequently asked questions on loan repayment deferrals and residential mortgage lending

08 May 2020

Federal Government to delay implementation of Royal Commission findings by six months

08 May 2020

Mortgage broker reforms and design and distribution obligations delayed for six months

08 May 2020

ACCC provides update on "Open Banking", including an overview of the Conformance Test Suite and Compliance and Enforcement policy

07 May 2020

AFCA activates significant event response plan in response to ME Bank change to redraw facility

06 May 2020

Federal Treasurer makes new Legislative Instrument temporarily amending Corporations Act requirements due to impact of COVID-19

06 May 2020

NSW Supreme Court considers impact of COVID-19 emergency measures on mortgage enforcement and repossessions (Catalyst Provisional Lending Pty Limited v Dick-Telfar) [2020] NSWSC 324

06 May 2020

ASIC warns retail investors at risk in COVID-19 period

06 May 2020

APLMA update — updated Australian documentation and new green and sustainable loan principles guidance documents

01 May 2020

ASIC temporarily relaxes hawking and product disclosure requirements for debit cards

29 Apr 2020

ASIC warns retail lenders regarding consumers experiencing financial hardship due to COVID-19

24 Apr 2020

APRA to launch new data collection to support SME guarantee scheme

24 Apr 2020

APRA to launch new data collection to assess temporary early release of superannuation scheme

24 Apr 2020

ASX provides Compliance Update that includes changes to temporary emergency capital raising relief measures

24 Apr 2020

ACCC provides update on "Open Banking", including temporary exemptions and further consultation on Consumer Data Right Rules

24 Apr 2020

Deferral of Global Initial Margin requirements for Non-Centrally Cleared Swaps — Impact of COVID-19 on Initial Margin Phase-In

23 Apr 2020

NSW temporary regulations allow for remote witnessing of documents

22 Apr 2020

QLD emergency legislation provides broad powers to amend laws relating to documents

17 Apr 2020

ASIC updates guidance on internal market making in publicly traded managed funds

17 Apr 2020

Federal Court upholds ASIC’s product intervention powers in relation to short-term credit (Cigno Pty Ltd v Australian Securities and Investments Commission [2020] FCA 479)

16 Apr 2020

AFCA gives more time to resolve complaints due to COVID-19

15 Apr 2020

JobKeeper legislation includes temporary powers to amend Commonwealth legislation relating to executing and witnessing documents

15 Apr 2020

ASIC gives temporary relief for urgent advice and early access to superannuation

14 Apr 2020

ASIC announces changes to regulatory activities due to COVID-19

14 Apr 2020

ASIC announces extended deadline for financial reporting by unlisted entities due to COVID-19

14 Apr 2020

ASIC reminds responsible entities of their obligations in COVID-19 environment

09 Apr 2020

Regulators provide feedback on financial institutions' preparedness for LIBOR transition

08 Apr 2020

APRA issues guidance to ADIs and insurers on capital management

08 Apr 2020

APRA temporarily suspends the issuing of new licences due to impact of COVID-19

03 Apr 2020

New regulations provide exemption from responsible lending obligations for Australian Credit Licensees in some circumstances

02 Apr 2020

ASIC offers fee relief for entities in financial difficulty due to COVID-19

02 Apr 2020

ASIC gives temporary relief to listed companies for low doc capital raisings as part of COVID-19 response

01 Apr 2020

Federal Court finds directors of Storm Financial breached their duties of due care and diligence (Cassimatis v Australian Securities and Investments Commission

31 Mar 2020

Threshold to FIRB approval of foreign investments dropped to $0 to address economic impact of COVID-19

30 Mar 2020

APRA defers implementation of capital reforms

30 Mar 2020

APRA confirms its regulatory approach to the Term Funding Facility announced by the Reserve Bank of Australia

27 Mar 2020

AFCA to modify its approach to dispute resolution in light of Australia’s COVID-19 response

27 Mar 2020

AUSTRAC extends deadline for submitting Compliance Report 2019

27 Mar 2020

Margin Requirements for Non-Centrally Cleared Swaps Margin — Impact of COVID-19 on Initial Margin Phase-In

25 Mar 2020

Bank of England and FCA confirm no change to target date for LIBOR cessation

24 Mar 2020

ACCC provides update on CDR ecosystem testing and s 56GD exemption guidelines

24 Mar 2020

Corporations Act amended to include temporary relief measures for companies under Federal Government’s COVID-19 economic stimulus package

24 Mar 2020

Treasury announces SME Guarantee Scheme in response to COVID-19

24 Mar 2020

ASIC and APRA readjust 2020 activities to prioritise responding to COVID-19 challenges

20 Mar 2020

ASX releases statement on COVID-19

20 Mar 2020

RBA announces sweeping measures to support Australian economy through COVID-19 crisis

19 Mar 2020

Industry responds to COVID-19 — APRA update

19 Mar 2020

ASIC commences proceedings against CBA over alleged breaches of the ASIC Act and Corporations Act

19 Mar 2020

Treasury consults on Future Directions for the Consumer Data Right: Issues Paper

16 Mar 2020

Industry responds to COVID-19

13 Mar 2020

ASIC releases new regulatory framework for foreign financial services providers

13 Mar 2020

APRA updates prudential standards on credit risk management

11 Mar 2020

High Court provides guidance on definition of “officer” under s 9 of the Corporations Act (Australian Securities and Investments Commission v King [2020] HCA 4)

10 Mar 2020

ASIC consults on proposed legislative instruments regarding fee consents and independence disclosure

04 Mar 2020

Treasury Laws Amendment (2018 Measures No. 2) Bill 2019 (Cth) implements enhanced fintech regulatory sandbox

03 Mar 2020

Federal Court finds OTC derivative issuer AGM Markets engaged in unconscionable conduct (Australian Securities and Investments Commission v AGM Markets Pty Ltd (in liquidation) (No 3) [2020] FCA 208)

03 Mar 2020

ASIC releases information sheet on document production guidelines

02 Mar 2020

2020 Banking Code of Practice has commenced

25 Feb 2020

APRA outlines plans for climate risk prudential guidance and vulnerability assessment

21 Feb 2020

Treasury consults on Mandatory Comprehensive Credit Reporting Regulations

21 Feb 2020

ASIC consults on draft guidance on the new best interests duty for mortgage brokers

20 Feb 2020

LMA publishes note on outstanding requirements for compounded RFR facility agreement

18 Feb 2020

AMP fined $5.75M for failure to comply with best interests duty and associated obligations (Australian Securities & Investments Commission v AMP Financial Planning Pty Ltd [2020] FCA 69)

18 Feb 2020

Further legislation enacting Hayne Royal Commission recommendations passed by Parliament

17 Feb 2020

APLMA publishes key features of standardisation of project finance loan documentation

11 Feb 2020

ACCC proposed amended CDR timeline for non-major ADIs

11 Feb 2020

ASIC successful in binary options case (Australian Securities and Investments Commission v One Tech Media Ltd [2020] FCA 46)

07 Feb 2020

ACCC formally makes the Competition and Consumer (Consumer Data Right) Rules

07 Feb 2020

Treasury consults on changes to enforceability of financial services codes

06 Feb 2020

Treasury consults on strengthening of breach reporting in financial services

31 Jan 2020

APRA publishes new policy and supervision priorities

28 Jan 2020

Bank of England and FCA outline 2020 priorities for LIBOR transition

22 Jan 2020

Treasury consults on Financial Accountability Regime (FAR) to replace BEAR

14 Jan 2020

ACCC consults on participation of third party service providers in the Consumer Data Right (CDR) regime

07 Jan 2020

Westpac ordered to pay $9.15 million penalty for breaches of the Corporations Act (Australian Securities and Investments Commission v Westpac Banking Corporation [2019] FCA 2147)

07 Jan 2020

ASIC consults on guidance for design and distribution obligations

07 Jan 2020

ACCC updates timeline for implementation and launch of Consumer Data Right

20 Dec 2019

ASIC commences proceedings against Volkswagen Financial Services Australia for breaching responsible lending laws

20 Dec 2019

ASIC commences proceedings against NAB for fees for no service and fee disclosure statement failures

17 Dec 2019

APRA commences investigation into Westpac’s possible breaches of the Banking Act 1959 (Cth)

17 Dec 2019

ASIC approves updates to Banking Code of Practice

13 Dec 2019

APRA updates timing for proposed product responsibility requirements under the Banking Executive Accountability Regime

11 Dec 2019

New FASEA Code of Ethics Standard commences 1 January 2020

11 Dec 2019

National Consumer Credit Protection Amendment (Mandatory Credit Reporting and Other Measures) Bill 2019 introduced to Parliament

09 Dec 2019

ASIC updates responsible lending guidance

09 Dec 2019

ASIC to ban unsolicited cold call sales of direct life insurance and CCI

09 Dec 2019

APRA proposes to treat data collected for ADI publications as non-confidential

05 Dec 2019

APRA sets out new approach to regulating and supervising GCRA risks

05 Dec 2019

ALRC releases discussion paper on corporate criminal responsibility

05 Dec 2019

High Court decision causes litigation funders to revisit viability of class actions: BMW Australia Ltd v Brewster; Westpac Banking Corporation v Lenthall [2019] HCA 45

02 Dec 2019

ASIC and APRA release updated MoU

20 Nov 2019

AUSTRAC applies for civil penalty orders against Westpac for breaches of AML/CTF legislation

14 Nov 2019

ASIC wins appeal against Westpac companies in telephone campaigns case (Australian Securities and Investment Commission v Westpac Securities Administration Limited [2019] FCAFC 187)

14 Nov 2019

ASIC provides guidance on whistleblower reforms

12 Nov 2019

AFCA's new online tool allows consumers to see how financial institutions are handling complaints

04 Nov 2019

Banking Royal Commission: ASIC commences proceedings against subject of “Bad Advice” case study