If you are concerned about whether an electronic signature is legal in a specific contract, first look at the contract and the counterparts clause. If you still aren't sure, contact an attorney. A signed original copy of any legal document is always an acceptable counterpart.
In some cases, the signature may need to be signed in the presence of a notary public or verified by an ID. As noted above, signed f ax or scanned and emailed document is often accepted as a counterpart unless it is specifically excluded in a contract.
But many government agencies like a county recorder, for example, don't accept faxes and require an original signed document. If you are signing a private contract between two parties, you can agree on what types of signatures are acceptable. Put that agreement in writing so you can take it to court if necessary. If your contract or agreement must be registered with a court, you probably will be required to have original signed documents as counterparts.
Disclaimer: The information in this article and on this site is for general understanding only, and it's not intended to be legal advice. Every case is unique, and laws and regulations change constantly. If you have questions about legal documents, discuss them with an attorney.
Cornell Legal Information Institute. Federal Deposit Insurance Corporation. Accessed July 10, Washington Secretary of State. Adobe Sign.
Guide to Electronic Signatures. Connecticut General Assembly. General Services Administration. Actively scan device characteristics for identification.
Use precise geolocation data. The signed copies will together form a single binding agreement. Simple contracts and deeds typically contain a clause expressly allowing the document to be executed in counterparts.
There are often difficulties, especially for larger international contracts, in getting all signatories to a contract together in one room to sign the contract. Furthermore, physically posting the contract between the parties may be prohibitively slow. To avoid these difficulties, it is possible to sign a contract "virtually". That is, the signature pages are prepared and executed in advance and the signatures are "released" upon mutual agreement, often given by email.
However, there has been some controversial English case law suggesting that, in some circumstances, contracts and deeds executed virtually may not be enforceable.
This guidance should be borne in mind when making arrangements for closings or signings, especially where some parties are looking to sign documents virtually because they are unable to attend the meeting in person.
In short, the safest course for both simple contracts and deeds is for the parties to exchange by email pdf copies of executed signature pages together with — in the same email - a Word or pdf version of the whole agreement that has been executed. If you have any questions on this article or would like to propose a subject to be addressed by Synapse please contact us. Entering into commercial agreements. It's just as enforceable. Purpose of a Contract Counterparts clause A Counterparts clause expressly states that the parties agree that they may only receive a copy signed by the other party.
Notarisation If a party wants the original contract notarised, the counterparts clause still assists.
A Public Notary would need to be in attendance at the signing of each contract. Example: Contracts Counterparts Clause This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this Agreement, but all the counterparts shall together constitute the same Agreement. We use cookies to improve our website and analyse how visitors use it. Should you continue to use our website you agree to our use of cookies.
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