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Introduction
before you instruct us to act; you must confirm that you have received the authority to act from the decision maker or are the authorised person(s)
What we mean by "Execution of documents by virtual means": when you (our) client is either physically unavailable or reside abroad/ another geographical region; we will require your digital signature. A First Party such as a utility company, bank etcetera will need your consent for us to work on your behalf in business transactions, administration, investigation or any other matters pertinent to your business. Until we have been instructed, we are unable to act for you.
This business note was reviewed in the context of coronavirus (COVID-19) restrictions.
Execution of documents
Business Guidance - 26th July 2022
15 minute read
As such, we follow legal precedent, on good practice, for any of our clients who decide to sign digital documents (as opposed to wet ink signatures).
pre-signed signature pages,
From case law, we understand R (on the application of Mercury Tax Group and another) v HMRC [2008] EWHC 2721 (Mercury) has led to discussions about the effectiveness in English law of using:
virtual signings where signature pages are exchanged by e-mail
Clarification
the Court of Appeal decision in Koenigsblatt v Sweet [1923] 2 Ch 314 (Koenigsblatt) remains the leading authority on the applicability of the principles of authority and ratification to the creation of legally binding written agreements
Documentation Requirements
Any documents which require your digital signature MUST be signed by all decision makers; either the owner(s), director(s) or all partners (i.e. - 2 and 3 way partnerships), who are responsible and make key decisions in your business. Secondly, you wittingly provide us with your consent to act on behalf of your business.
Your letterhead (if applicable) MUST be provided to us. We shall provide our draft version so you can request any amendments.
Your company seal (or stamp) MUST be provided if essential to your business administration. In such cases, we can only accept wet ink signatures, unless you have a digital version of the stamp.
Conclusion
Before you proceed, please read this guidance carefully and follow these steps.
1. You must agreed to the proposed arrangements for the virtual signing/wet signature before execution
2. You must allow us with enough time to communicate effectively with First Parties, especially when you have a pressing issue.
3. You are responsible with providing us with a valid date, time and telephone number to contact you, when we have successfully negotiated an agreement with a First Party. In cases of procurement, if you fail to act or you are uncontactable despite our best efforts, we shall have no other recourse than to invoice you for our administration.
4. When you are happy to proceed - we shall provide you with our data analysis, investigative results or exchange of contracts; when our invoice has been paid in full. Any obligation thereafter will be between your business and the First Party. If you fail to make payment, we shall close our file and invoice you for any outstanding monies due. Any documentation we hold also will not be released.
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