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[LUG] Electronic Signatures

 

Interesting article at http://www.lexology.com/library/detail.aspx?g=0e104bd6-13ed-4491-9985-ba1d76a76093

Guarantees in the electronic age

Guildhall Chambers
Ross Fentem
United Kingdom
September 1 2012

An extract

    Is an electronic signature a âsignatureâ?

Unsurprisingly, yes. In Golden Ocean, it was common ground that an electronic signature was good enough. In Re Stealth Construction Ltd [2012] 1 BCLC 297, it was conceded by the applicant liquidators that the insertion of the correspondentsâ first names at the bottom of the e-mails in question was sufficient for the purpose of s.2 of the Law of Property (Miscellaneous Provisions) Act 1989, which also imposes a signature obligation in order that an enforceable agreement be created. The concessions are clearly correct.

   What is a sufficient âelectronic signatureâ?

    ...

The unwilling purported e-guarantor who is unable to remove the signature would be well-advised to add rubric at the end of his e-mail to the effect that the automatic signature is not intended to authenticate anything in the body of the text, and hope that has the desired effect. Those with the financial or technological capacity might usefully stipulate from the outset that no message is to be treated as authenticated without an encrypted signature.

--
Henry
Communication not signed with an original manual signature or an appropriately 
verified digital signature is not binding.
Wed 31 Jul 07:48:53 BST 2013

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