Updated Practice Note On Electronic Execution Of Documents

The Law Society and the City of London Law Society (CLLS) have published an updated version of their practice note on the electronic execution of documents. The changes made reflect developments since the practice note was first published in 2016, including the more widespread use of e-signing platforms and the publication in September 2019 of a report by the Law Commission on electronic execution of documents (see our blog post here for more detail about the Law Commission report).

The key amendments to the practice note include:

• Remote signings – The Law Society and CLLS published a practice note in 2009 on the execution of documents at virtual signings or closings (the Mercury Procedures) which says, in relation to deeds, that a signature and any attestation of that signature by a witness must form part of the same physical document containing the deed, the signed document should be a discrete physical entity and the parties should sign an actual existing