Please visit the help section of InTouch for detailed help on how you setup and configure the esignatures. To access the help section please ensure you are logged in to InTouch
Legislation differs slightly between jurisdictions and there are certain cases where wet signatures are still required. Check with the regulator in your jurisdiction.
A good esignature solution should be considered both safer and more trustworthy than wet signatures - especially if signing remotely due to;
The benefits of implementing esignatures are many;
There are three levels specified by the EU;
You can read more on the ICO website here about the different types of esignatures.
Our solution fills the requirements for Advanced Electronic Signature, or AES, which is sufficient for most types of legally binding documents and is often spoken about as the electronic equivalent of a handwritten signature.
To fulfill AES requirements as defined by the eIDas regulation, Article 26, there are four main requirements which needs to be met:
These are all fulfilled by our solution through authentication through their email, the InTouch portal and finally the signature which is backed up by;
Depends on the jurisdiction, below are a few examples
Please note: The below guidance was correct at the time of writing and to the best of the authors understanding. No warranties are made to their accuracy or completeness.
Electronic Transactions Act 1999 establishes esignatures as legally binding. Use of esignature for Deeds differs between states, some requiring witnessing or attestation to be legally binding. See for example NSW - Conveyancing Legislation Amendment Act 2018, or in VIC 32 Vendors Statement (VIC), Contract for the Sale and Purchase of Land (VIC).
esignature are legally binding. However there are a couple of scenarios where special steps are required in England and Wales with relation to the Land Registry and the signing of Deeds, including TP1 & TR1. This requires the signature to be witnessed by another person. Following recent guidance Land Registry will now accept electronic signatures by the signee and the witness, but only if witnessed in person, and if the esignature solution fulfills their requirements as outlined here.
Governed by Electronic Transactions (Guernsey) Law, 2000, as amended (the “ET Law”). Still requires wet signatures for transactions regarding real property.
Esignatures are legally binding but wet signatures are required for;
The Electronic Communications (Jersey) Law 2000 (the "EComms Law") confirms that a contract may be formed by means of electronic communications, it was further amended in 2019 by the Electronic Communications (Amendment of Law) (Jersey) Regulations 2019.
Wet signatures appear, as best to our knowledge, to still be required for instances where a witness is required such as power of attorney and land transactions.
Contracts regarding the sale and purchase of land need to be at least of Advanced Electronic Signature (AES) standard for a esignature to be considered valid. InTouch solution is AES compatible as we verify the identity of the person via the portal. There are further requirements for it to be self-proving or for deeds that create, transfer or vary real rights in land or building.