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ARTICLE · 17 SEPTEMBER 2021

Signing Documents In The Digital Age

Vincent Young
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With the current lockdown forcing many offices to close, we have seen an increase in the number of queries from clients regarding the remote execution of documents.

AustraliaCorporate/Commercial Law
Victoria Caldwell
Victoria Caldwell

With the current lockdown forcing many offices to close, we have seen an increase in the number of queries from clients regarding the remote execution of documents.

This article provides a "how to" guide for valid electronic execution of documents if you are signing a document on behalf of a company in NSW.

Deed or contract?

First check whether your document is a deed or a contract.

In simple terms, deeds are a formal version of contracts. Unlike simple contracts, deeds do not require the parties to provide reciprocal value ('consideration') to each other. Deeds also provide additional protection to a paying party by increasing the period which a performing party can be sued for a breach of its terms from 6 years under a simple contract to 12 years. As a result parties must comply with certain technical formalities when executing deeds..

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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