Modernisation of the Execution and Delivery of documents in Scotland

The rules on electronic signatures have also been clarified.  While the courts have been obliged by regulations based on EU law to accept electronic signatures for some time and more recently electronic documents of various sorts have also Considerable changes have been made in how documents may be executed and delivered over the last six months.

As of 1st July 2015 been granted equivalent status to traditional documents those transactions that Scots law requires to be in writing such as transfers of land have continued to require pen and ink.  Now that has changed and a special sort of advanced electronic signature is now acceptable.  It is unlikely that the average client will have access to such a signature  but many solicitors now have these specially registered signatures which could be used on behalf of a client under say an appropriate power of attorney. With the current technology the document shows as electronically signed if read electronically but there is no evidence of the signature when printed off so we anticipate that this new facility will be quite limited in take up and will generally be backed up by traditionally signed copies.

The law in England regarding the above matters remains uncertain so care should be taken with respect to cross border transactions.

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