Virtual execution under Scots law
Produced in partnership with Iain McDougall WS of MBM Commercial

The following Commercial practice note produced in partnership with Iain McDougall WS of MBM Commercial provides comprehensive and up to date legal information covering:

  • Virtual execution under Scots law
  • Electronic documents permitted under Scots law
  • Electronic documents as distinct from electronic copies of traditional documents
  • Valid electronic execution and the advanced electronic signature
  • Self-proving electronic execution
  • AES and Scottish solicitors
  • Application, appearance and reading of an electronic execution
  • Delivery required for an electronic document to be effective
  • Electronic document is best evidence
  • ARTL—electronic conveyancing system
  • More...

Virtual execution under Scots law

IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Commercial?

The rules regarding Scottish electronic documents and their execution are contained in:

  1. The Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995)

  2. Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS)

  3. The Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012)

  4. The Electronic Documents (Scotland) Regulations 2014, SSI 2014/83 (SSI 2014/83)

  5. The Land Registration etc (Scotland) Act 2012 (Commencement No.2 and Transitional Provisions) Order 2014, No. 41 (C. 4) (2014 Order)

  6. The Land Register of Scotland (Automated Registration) etc Regulations 2014, and

  7. The Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015)

The Law Society of Scotland has issued a second version of its guide on electronic execution of documents, see: Law Society of Scotland—Electronic signatures guide (Second Edition).

Electronic documents permitted under Scots law

Any document that is required to be in writing under Scots Law can be an electronic document except for wills and other testamentary writings.

The

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