While it may not be business as usual, business must go on. If you need to sign documents or obtain signatures, DocuSign is a great option. As just one of Gowling WLG's many tools designed to increase efficiency and maintain business continuity for clients, DocuSign allows you to sign documents and track their status from virtually anywhere—even on your phone.
Except for circumstances where 'wet ink' signatures are specifically required, DocuSign signatures are valid and legally binding. DocuSign complies with statutes governing electronic transactions across Canada and in the U.S and European Union. Furthermore, DocuSign offers industry-leading Advanced Encryption Standard (AES) encryption and a digital audit trail to protect the integrity of all documents signed on its platform.
Documents which you cannot sign electronically include:
- Testamentary documents and trusts created by wills;
- Power of Attorney documents, whether for property or an individual's care;
- Certain instruments that create or transfer interests in land;
- Documents that must be sworn before a notary or commissioner;
- Negotiable instruments such as cheques, bearer bonds or promissory notes (in certain jurisdictions); and
- Documents that must be witnessed.
It is also important to note that, notwithstanding their validity, there still remain certain institutions that do not currently accept electronic signatures. Certain provincial and federal laws may have additional exclusions, so it is important to verify with your Gowling WLG team to confirm that DocuSign is appropriate for your needs.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.