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GLOSSARY

Electronic signature definition

Published by a LexisNexis Dispute Resolution expert

What does Electronic signature mean?

An electronic signature is so much of anything in electronic form which (a) is incorporated into, or associated with any electronic communication or electronic data; and (b) purports to be incorporated or associated in order to establish the authenticity or integrity of the communication or data, or both.

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Remote execution of documents resources—checklist

Remote execution of documents resources—checklist Remote execution of documents has become increasingly popular. This Checklist of resources sets out some of the considerations for remote execution of documents when parties are not able to meet in person. Key commercial resources We have produced a collection that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents, including information relating to remote execution. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution collection. This Checklist considers remote execution from a general commercial perspective only and assumes that the agreements are subject to English law. For general information and guidance relating to execution, see: Execution—overview. For more specific guidance on execution requirements in other Practice Areas please check that Practice Area’s content. The Law Society has also brought together a variety of established guidance on execution of documents by virtual means, execution of documents using electronic signatures, its ‘Tips on how to operate in...

Commercial contract review and execution (business personnel)—checklist

Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...

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Execution formalities—overcoming impairments, disabilities and language barriers

Execution formalities—overcoming impairments, disabilities and language barriers This Practice Note provides practical guidance on how to arrange the execution of a document by an individual when that individual has an impairment or disability, or where the individual does not speak the same language as their adviser. For general guidance on execution of contracts and deeds, see Practice Notes: • Deeds • Executing documents—deeds and simple contracts We have produced a collection that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution collection. Inability to read or comprehend documents in writing An impairment may mean that the signatory is unable to read a document for themselves. For example, signatories who are partially-sighted or blind. It could also be the case that the signatory does not read or speak the language in which the document is written. Furthermore, it...

How to execute a deed

How to execute a deed This Practice Note is a ‘how to’ guide on executing deeds which signposts relevant content. It includes a summary of what a deed is, the requirements for the valid execution of a deed, links to the execution formalities for different entities, other legal considerations, and practical points when executing a deed. A deed is a specific form of written instrument required for certain transactions. Deeds must be executed in accordance with statutory and common law formalities that go beyond a simple signature in order for the document to be valid and enforceable. For further general guidance on executing deeds with links to related content, including detailed guidance on deeds, see also Practice Note: Executing documents—deeds and simple contracts. We have produced a collection that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information,...

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Unapproved share option agreement—standalone deed for employee

Unapproved share option agreement—standalone deed for employee This AGREEMENT is made on [insert date of execution of the share option agreement] Parties 1 [insert name of company whose shares are being granted under option] (registered number [insert registered number of company]) whose registered office is at [insert registered address of company] (the Company);[and] 2 [insert name of option holder] of [insert address of option holder] (the Option Holder) [and] 3 [[insert name of grantor (if different from company)] of [insert address of grantor] (the Grantor)] Background (A) [The Company has agreed to grant to the Option Holder as at the date of this Agreement an Option to acquire Shares on the terms set out in this Agreement. OR The Company and the Grantor intend that, as at the date of this Agreement, the Option Holder be granted an Option to acquire Shares on the terms set out in this Agreement.] (B) [The Company will satisfy the exercise of the Option by transferring or procuring the...

Phantom share option agreement

Phantom share option agreement This AGREEMENT is made on [insert date of execution of the phantom share option agreement] Parties 1 [insert name of company whose shares are relevant to the phantom option] (registered number [insert registered number of company]) whose registered office is at [insert registered address of company] (the Company); and 2 [insert name of option holder] of [insert address of option holder] (the Option Holder) Background (A) The Company has agreed to grant to the Option Holder as at the date of this Agreement a Phantom Option on the terms set out in this Agreement. (B) The Phantom Option provides an entitlement to cash and not shares. 1 Definitions In this Agreement, except where the context otherwise requires, the words and expressions set out below will bear the following meanings, namely: Cash Payment • means the cash sum payable on the exercise of the Phantom Option, which shall be calculated in accordance with clause 6.2; Control • has the meaning given...

Dive into our 16 Precedents related to Electronic signature

If a transaction is concluded entirely virtually, with parties executing in multiple jurisdictions, is there a default rule on which jurisdiction is the one where the transaction will be deemed executed or completed?

If a transaction is concluded entirely virtually, with parties executing in multiple jurisdictions, is there a default rule on which jurisdiction is the one where the transaction will be deemed executed or completed? This Q&A assumes that: • the question relates to a business-to-business transaction • the question relates to a contract which has been drafted and negotiated in the traditional way and is not an e-commerce transaction entered into between parties via website terms and conditions • the question relates to the execution of a simple contract • the question relates to the law of England and Wales Contract formation General principles of contract law apply to contracts formed virtually. A simple contract (in the absence of any specific legal requirements regarding the form of the relevant arrangement) may be made: • in writing (including via electronic documents) • by word of mouth • by conduct • by a combination of writing, word of mouth and conduct A simple contract (whether made electronically or in any other manner) may...

Can a company execute a document virtually (using the Mercury method of execution) when executing by affixing a common seal, ie can a signature page be printed out and the common seal affixed and then the page scanned in and e mailed together with a PDF of the final form document?

Can a company execute a document virtually (using the Mercury method of execution) when executing by affixing a common seal, ie can a signature page be printed out and the common seal affixed and then the page scanned in and e mailed together with a PDF of the final form document? This Q&A assumes that • the company is a private company governed by the Companies Act 2006 (CA 2006) • the document in question relates to a general commercial transaction The Mercury Tax case The Mercury Tax case (R (on the application of Mercury Tax Group) v HM Revenue & Customs Commissioners) considered the effectiveness of pre-signed signature pages. In response to that decision, the Law Society produced guidance in 2010 on the execution of documents by virtual means which covers pre-signed signature pages and virtual signings and closings where signature pages are exchanged by email. The guidance suggests good practice in light of the Mercury case and suggests different options for virtual signings/closings. The guidance assumes...

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Minutes of the CPR Committee meeting—7 March 2025

Dispute Resolution analysis: The minutes of the CPR Committee (CPRC) meeting of 7 March 2025 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including the Renters’ Rights Bill, the Small Claims Paper Determination Pilot, Foreign Process Section at the Royal Courts of Justice, the Lacuna Sub-Committee, Standard Directions Orders, e-signatures, and the Service Sub-Committee.

Private Client weekly highlights—10 September 2020

This week’s edition of Private Client highlights includes: (1) The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 which allows Wills and codicils made on or after 31 January 2020 up to and including 31 January 2022 to be valid if witnessed remotely using video link; (2) John Charman v HMRC which provides useful confirmation of when a securities option is treated as being acquired under ITEPA 2003; (3) Re Grosvenor Property Developers which contains valuable lessons for those who contemplate making claims for knowing or unconscionable receipt; (4) Updated guidance from the Department of Health and Social Care on looking after people who lack mental capacity during the coronavirus (COVID-19) pandemic; (5) Reb Moishe Foundation v Revenue and Customs Commissioners, which clarifies the criteria for an approved charitable loan or investment for the purposes of ITA 2007, s 543, and specifically the criteria for ITA 2007, s 558 Type 12 investment; (6) A new report which highlights growing importance of blockchain developments for lawyers, and (7) the UN...

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