Virtual execution under Scots law

Copyright © 2025 LexisNexis
Produced in partnership with Abby Doig of Shepherd and Wedderburn and Rod MacLeod of Shepherd and Wedderburn
Practice notes
Scottish Law

Virtual execution under Scots law

Copyright © 2025 LexisNexis

Produced in partnership with Abby Doig of Shepherd and Wedderburn and Rod MacLeod of Shepherd and Wedderburn

Practice notes
Scottish Law
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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. •

    Assimilated Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (as amended by the Electronic Identification and Trust Services for Electronic Transactions (Amendment etc) (EU Exit) Regulations 2019) (UK eIDAS)

  3. •

    the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012)

  4. •

    the Electronic Documents (Scotland) Regulations 2014, 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 also issued a third version of its guide on electronic execution of documents, see: Law Society of Scotland—Electronic signatures guide (Third Edition).

Assimilated law is the name given to retained

Abby Doig
Abby Doig

Associate and Professional Support Lawyer (Banking and Finance), Shepherd and Wedderburn

Abby is an associate in the banking and finance team at Shepherd and Wedderburn, specialising in the regulation of financial products and services in the UK. She has extensive experience of assisting both regulated and non-regulated businesses in navigating the perimeter of UK financial services regulation, and on the interpretation and application of the Financial Conduct Authority’s rules and guidance. She also regularly advises a range of banks, building societies and financial institutions on consumer credit and unfair terms legislation, and her wider regulatory experience includes advising on the FCA's Senior Managers and Certification Regime, payment services legislation and outsourcing arrangements. 

A significant part of Abby’s practice includes reviewing and reporting on mortgage, retail, business, credit card and personal loan terms and conditions from both a regulated and a non-regulated perspective, as well as preparing and updating Scottish standard loan documentation for major UK banks, building societies, financial institutions and specialised lenders. 

Abby’s broader practice includes advising on the Scottish aspects of a wide range of debt capital markets and securitisations deals, including residential and commercial mortgage backed transactions, covered bond and master trust programmes, and the sale and securitisation of non-traditional assets such as auto receivables, credit cards and personal loans.

Abby is also a professional support lawyer for the banking and finance team. 

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Rod MacLeod
Rod MacLeod

Partner (Banking and Finance), Shepherd and Wedderburn

Rod is a Partner in the banking and finance team at Shepherd and Wedderburn. He specialises in commercial and corporate finance, acting in Scotland for corporate borrowers, lenders and funds. He has wide experience in cross-border property and corporate finance deals, with particular expertise in residential and commercial mortgage-backed securitisation and funds finance.

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Jurisdiction(s):
United Kingdom
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Key definition:
Execution definition
What does Execution mean?

Execution, in the context of contracts, is the means by which a party enters into a contract or deed by sealing or signing it, and by doing so gives it effect in law. It can be done in some cases by electronic means.

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