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:

• • summarises the emergency legislation relating to signing and witnessing documents;
• • outlines the temporary amendment to the Corporations Act 2001 (Cth) under Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 allowing electronic signing under s 127; and
• • outlines the temporary NSW regulation regarding remote witnessing.

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