Living in the age of technology has its benefits, but
what happens when the convenience of technology gets us locked into
deals we didn't even know existed? While more and more
companies move towards electronic signatures we thought we'd
better let you know how to actually use them.
Section 127 of the Corporations Act (Cth) 2001 allows office
holders to sign documents by way of electronic signature —
well actually, rather than allow it, it doesn't
prohibit it. The question remains, how and when can we use
these electronic signatures?
In a recent case a director, Mr Crocker, uploaded his signature
onto an electronic signing system where someone else from the
company used his signature to sign a deed of guarantee and
indemnity. To Mr Crocker's surprise, instead of receiving baked
goods from his wife Betty he was hit with a lawsuit enforcing his
personal guarantee on a credit transaction he didn't even know
he was a party to. Thankfully, the courts found that because
