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ARTICLE · 08 SEPTEMBER 2021

Electronic document execution in the time of Coronavirus

ClarkeKann Lawyers
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New amendments to legislation allow the continuation of electronic execution of company documents during the pandemic.

AustraliaCorporate/Commercial Law
Alison Rees
Alison Rees
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New legislation allows the continuation of electronic execution of company documents

There is some welcome news for companies executing documents whilst lockdown persists.

The Treasury Laws Amendment (2021 Measures No. 1) Act 2021 (Cth) came into operation on and from 14 August 2021.

The legislation gives certainty as to whether companies can execute documents – including deeds – under s127(1) of the Corporations Act 2001 (Cth) (the "Act") by electronic means and/or by way of split execution (being where each of two directors or a director and secretary of a company executes separate counterparts of the same document). It also allows companies to use electronic means or alternative technologies to meet the Act's requirements relating to holding meetings, providing notices relating to meetings and keeping minutes.

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