Electronic Signing – Emergency Regulations in Play

The State Government has passed temporary regulations to allow for the electronic signing and witnessing of Powers of Attorney, Wills and Statutory Declarations.

The COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 came into effect on 12 May and will expire on 24 October 2020.

This now means that Wills and Powers of Attorney can be signed in the safety of people’s own homes during the COVID-19 pandemic as it is now lawful for these documents to be signed electronically and witnessed via video conferencing.

The Beck Legal team are conducting video appointments and can facilitate secure electronic signing of Wills and Powers of Attorney.  

Deeds and mortgages may also now be signed electronically whether the deed is signed by an individual or a corporation.

All of this is in conjunction with the Federal Treasurer using powers under Federal emergency legislation which has modified the Corporations Act 2001 (Cth) for a period of six months to allow for electronic execution by companies and for general meetings and other meetings to be held remotely.

Two directors, a director and secretary, or a sole director and secretary can sign both electronically and by separate counterparts applying any combination of electronic and physical signing.

For further guidance on remote signing and witnessing of documents or to make an appointment please contact the Beck Legal team on 5445 3333.

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