New Rules for Signing Legal Documents at Home Due to COVID-19
Are you self-isolating and/or working from home? Has this caused delays and stress in the signing and delivery of legal documents? You are not alone.
Good news- there’s been an amendment to the regulation which has now made this process a whole lot simpler.
The process for the signing of affidavits, declarations, oaths, affirmations, deeds, powers of attorney and some mortgages has now been simplified through the implementation of The Justice Legislation (COVID-19 Emergency Response – Wills and Enduring Documents) Amendment Regulation 2020 (Regulation) which commenced Friday 22 May. Rejoice.
Effectively, the changes now allow documents to be electronically signed and delivered. Here’s a breakdown below:
- An instrument that is to have effect as a deed may be made in the form of an electronic document and may be electronically signed.
- An instrument that is to have effect as a deed may be made in the form of an electronic document by or for a person even without consent to the making of it in that form from another signatory or any other person.
- An instrument that is to have effect as a deed may be electronically signed by a person even without consent to the signing in that way from any other person who is to sign the deed.
- An instrument that is to have effect as a deed for an individual or a corporation may be signed by or for the individual or corporation by signing a counterpart or true copy of the instrument.
- The counterpart or true copy signed by a person need not include the signature of any other person who is to sign the instrument.
- If the counterpart or true copy is electronically signed by a person, the counterpart or true copy need not include any material included in the instrument about the method used for electronically signing the instrument.
An instrument that is to have effect as a deed may be signed in accordance with this division whether or not in the presence of a witness.
To ensure your method of e-signing legal documents does not later come into question by the body receiving them, you should note in your communication that the documents were signed under this new regulation during the COVID-19 Pandemic.
Source- Bennett & Philp Website (May 2020)
22 May 2020
