Newsflash: Law Society response to consultation on electronic execution

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01/12/2018

In October 2018 Christina Gill explained the Law Commission’s consultation on the electronic execution of documents. In particular, Christina offered a practical insight to where we are now with e-conveyancing and electronic mortgage deeds.

The Law Society has now published its response to the consultation. The response confirms that the Law Society agrees with the Law Commission that the law as it currently stands allows land contracts and deeds to be validly executed with an electronic signature.  However, as some practitioners remain nervous about the validity of electronically executed documents, the Law Society’s suggestion is that the best way to remove those doubts is to legislate.  The Law Society also acknowledges that the consultation does not address the execution of registered dispositions under the Land Registration Act 2002 nor, therefore, the electronic execution of mortgage deeds.

Amongst other recommendations, the Law Society suggests that an industry working group would be best placed to advise on the electronic solutions that would be practical in light of current and future technology; and proposes that the law in relation to delivery and deeds should be reviewed and updated.

Walker Morris will continue to monitor and report on any key developments.

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