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ARTICLE · 06 AUGUST 2021

E-Signing Of Contract And Documents In India

The Information Technology Act, 2000 ("IT Act") provides for recognition of electronic records under Section 4, which illustrates that any document which is required by law to be in writing...

IndiaCorporate/Commercial Law

In this article, we have discussed the legal provisions and position with regard to execution of documents by way of electronic mode.

Legal recognition of electronic records under Information Technology Act, 2000

The Information Technology Act, 2000 (“IT Act”) provides for recognition of electronic records under Section 4, which illustrates that any document which is required by law to be in writing, typewritten or in printed form, will be considered to be valid if it is rendered or made available in electronic form and accessible for a subsequent reference in future.

As per Section 10A of the IT Act, in case of a contract formation, where the communication of proposals and acceptance are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose. The aforesaid provision was introduced by the Information Technology

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