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ARTICLE · 03 NOVEMBER 2021

Signing documents electronically – COVID measures update for Queensland

This article focuses on Federal laws for the execution of documents by companies, and Qld laws for the execution of deeds.

AustraliaCorporate/Commercial Law

In light of ongoing lockdowns and work from home arrangements making it impractical for legal documents to be signed and witnessed in 'wet' ink, the Federal and State Governments have passed temporary laws for signing documents electronically. The initial temporary measures have been extended through to 2022.

However, this article will focus on the Federal laws as to execution of documents by companies, and the laws in Queensland as to execution of deeds. The information in this article is current as at 24 September 2021.

Execution by a Company under s127 of the Corporations Act

The default requirements for execution of documents by a company, being for execution by two directors, or one director and one secretary (or a sole director if the company only has one director), is governed across Australia by section 127(1) of the Corporations Act 2001 (Cth) (s127 Execution). There are other ways a company can execute a document (ie. by a power of attorney or another

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