Electronic Notarisation

In an increasingly integrated digital environment, Cheeswrights is committed to offering innovative solutions to our clients within the constraints of our professional practice rules and the current provisions of English and other law. As such, electronic notarisation now augments our more traditional “wet ink” paper-based practices.

While electronic execution and notarisation of documents will not work in all scenarios, especially in certain cross-border transactions, e-solutions are now possible in many areas and, partly due to the current worldwide movement restrictions which require many people to work from home, we have seen a marked increase in their acceptance by overseas recipients who recognise the rigour of our processes. Particular factors to be taken into account when considering the electronic execution of documents for use overseas include the governing law of the underlying document, the form of e-signing to be used, the type of document and whether apostilling or another form of legalisation is required by the receiving jurisdiction.

Having successfully carried out a wide range of digital notarisations and developed workflows to facilitate remote signings, we are well positioned to advise our clients and to liaise with overseas notaries and authorities to facilitate the acceptance of electronic documents overseas.

By incorporating international standard electronic signatures with a multi-layered safeguarding approach we have added certainty while maintaining agility, in what is a rapidly developing area of international notarial practice.

For more information on e-signings and the e-notarisation process please contact Luis Hyde-Vaamonde (Luis.hyde@cheeswrights.com). Luis is a member of the Technology Committee for the Society of Scrivener Notaries has contributed to the recent Law Commission report on the Electronic Execution of Documents and will be assisting the Industry Working Group to be set up by the Ministry of Justice as recommended by such report.

Cheeswrights notaries sign their electronic notarizations using the internationally recognised official standard under the eIDAS regulation. The resulting “qualified electronic signature” is recognised as having the same legal effect as a handwritten wet-ink signature.