During periods of social-distancing and self-isolation, electronic signature platforms (such as DocuSign and Adobe Sign) will be an effective and efficient way to get documents signed. But remember, if you are executing deeds electronically:
- Where a witness is required, they must be physically present when the deed is signed. It is not possible under English law (yet…) for deeds to be witnessed via video link; and
- A party to a deed cannot be a witness. There is no requirement for the witness to be otherwise independent; simply that he or she can provide evidence that the document was properly executed. So, although not ideal, spouses, family members or fellow directors would all be valid witnesses, provided they are not also party to that deed in their personal capacity.
Kathryn Saunders