Signing off on signing off: How to execute documents in lockdown in NSW

You, like everyone else, are working from home, you don't have a printer, scanner or you just can't find a pen and then you realise you need someone to witness your signature but you are self-isolating – what do you do?

While the legal status of electronic signatures is still up for debate, it looks like we could get some further guidance to assist during these tough times. Last week the government passed the COVID-19 Legislations Amendment (Emergency Measures) Bill 2020, which includes regulation making powers in the Electronic Transactions Act 2000 to assist with signature, witnessing or attestation of documents for the next 6 months.

Our view is that most documents can be executed electronically. However, until the regulations are released, we recommend agreeing upfront with the party who is requiring the signature before executing anything electronically.