Legal Updates

Commercial Law - Internet Law - Virtual Signings and Executions of Documents - Law Society Guidance

The Law Society has issued guidance relating to the execution of documents at a virtual signing or closing. Currently, a practice whereby signings and closings are carried out virtually has developed. This practice allows the avoidance of the logistical problems that can arise when attempting to sign or execute a document.

This is usually achieved by preparing signature pages, which are signed in advance and then subsequently attached to the final form of the document once it is reaches the appropriate stage for completion.

Commentators have noted that the effectiveness of this practice has been brought into doubt due to the decision that was reached in the case of R (on the Application of Mercury Tax Group Limited and another) v HMRC [2008]. As a result, a non-exhaustive list of possible options for use in dealing with virtual signings or executions has been made available.

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© RT COOPERS, 2009. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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