As a firm, we have seen a substantial increase in demand the use of both remote and electronic notarisation options. This is an area of practice that now augments our more traditional “wet ink” paper-based practices.
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.
The introduction in 2022 of ‘e-Apostilles’ by the UK Foreign, Commonwealth & Development Office has allowed for electronically notarised documents to be digitally legalised (thereby dispensing with the need for a paper original). Though, it should be noted that not all overseas jurisdictions accept e-Apostilles as of now, so it is recommendable to check with the intended recipients as to what format of Apostille should be obtained (i.e. paper or electronic).
E-solutions are now possible in many areas and 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.
There are circumstances in which remote or electronic signatures are not able to be or should not be used, and English law does not currently allow us to formally take or administer oaths or act as witnesses to deeds or other documents unless we are in the physical presence of our client.
For further details please contact any of our notaries
Cheeswrights notaries sign their electronic notarisations 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.