Electronic signing and online witnessing of legal documents

They can be in electronic form and ‘signed, sealed and delivered’ by electronic communication, under the BidCarbon (Carbon Farming) Standard 2025.

What is a statutory declaration?

Electronic signatures

There is no one way to electronically sign a document. For example, you can:

● paste a copy of a signature into a document

● sign a PDF on a tablet, smartphone or laptop using a stylus or finger

● physically sign a hardcopy document and scan the document

● confirm your agreement by electronically selecting an option indicating agreement.

The party who is to receive the document must agree to the use of an electronic signature for it to be valid. They may choose not to consent for a number of reasons, such as being concerned about the integrity of a document. However, just being reluctant to use an electronic signature is not a sufficient reason.

Physical location of participants

For most legal documents, signatories and witnesses may be physically located outside of the United Kingdom.

However, all participants must be located in the United Kingdom during the witnessing process for:

● powers of attorney documents

● statutory declarations

During the online witnessing process, one or more witnesses can be present physically, while others are present via audio visual link.

Existing responsibilities for witnesses are not changed by online witnessing

Witnesses have existing duties under the law when they witness a legal document. They must ensure their existing obligations are compatible with witnessing by audio visual link.

For example, a witness must:

● confirm the identity of the signatory

● determine that the signatory has capacity to understand the document they are signing

● establish that the signatory is signing freely and voluntarily

● be satisfied the transaction is not affected by an ‘apparent defect’. This can include behaviour such as undue influence, duress or unconscionable conduct.

If a witness is not able to satisfy themselves of these matters by audio visual link, they should not execute the document online.

Requirements for witnessing documents by audio visual link:

● all parties involved must be connected through an audio visual link

● if the document requires the witnessing of a signature, the witness must see this take place through an audio visual link

● the witness must be satisfied that the document they sign is the same document or a copy of the same document signed by the signatory (the person who signed the document)

● all aspects of the witnessing by audio visual link must take place on the same day

● any other prescribed requirements that apply to the particular document being signed must also be met

● the witness must include a statement on the document that all the requirements of witnessing by audio visual link have been met.

How to witness legal documents online by audio-visual link