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ARTICLE · 24 SEPTEMBER 2021

Back to the future: electronic execution of company documents possible again

The new rules came into effect on 13 August 2021 and will only apply temporarily, until they expire on 1 April 2022.

AustraliaCorporate/Commercial Law

Introduction

On 10 August 2021, the Federal Government passed the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 (the Bill), enabling the electronic execution and split execution of company documents under section 127 of the Corporations Act 2001 (Cth) (the Corporations Act). The Bill also permits the remote witnessing of the fixing of a company seal for the purposes of execution under section 127 of the Corporations Act.

The new rules came into effect on 13 August 2021 and will only apply temporarily, until they automatically expire on 1 April 2022.

The Amendments

The Bill makes several key amendments to Corporations Act.

Execution of company documents under section 127(1) of the Corporations Act may now be achieved electronically and will be taken to have been validly executed if:

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