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Apple fined heavily by the French Competition Authority for infringing antitrust law
Apple fined heavily by the French Competition Authority for infringing antitrust law

End-to-end e-signing solutions

Physical signings have become difficult during the Covid-19 pandemic. Our electronic signing (e-signing) services help address the associated legal and governance issues as well as saving our clients time and resources.

E-signatures online subscription service

There are different legal issues covering e-signatures in different jurisdictions. This is complicated for our clients operating internationally. Our e-signatures online subscription service helps to answer the following common questions:

  • Governing law – are e-signatures legal, valid and binding under the governing law of my agreement?
  • Agreement type – can I e-sign a deed, guarantee, loan agreement or other agreement type?
  • Authority to e-sign – are there restrictions on a signatory’s authority to bind a locally-incorporated counterparty which are incompatible with e-signature?
  • Registration – where might I need to register my agreement and are e-signed agreements accepted by local registries?
  • Enforcement – do the courts where I may need to enforce my agreement enforce e-signed agreements signed in accordance with my agreement’s governing law?
  • Recommended practice – what form(s) of e-signature are recommended to use in practice?
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End-to-end managed e-signing service

Managing e-signing can be time-consuming for our clients' executive and non-executive directors' and in-house teams. Our lower-cost Belfast team can manage the end-to-end e-signing process, using DocuSign technology:

  • The service includes updating documents, guiding signatories in signing, monitoring progress and returning signed documents
  • A fixed, per-document fee provides budgetary transparency and cost certainty 

E-signing policies and practices review

E-signing can create new risks for our clients which they need to understand and manage. To ensure any approach to e-signing is sustainable and integrated into wider governance, our consulting team can review control frameworks, risk assessment approaches and processes, helping to answer questions such as:

  • Have you identified and quantified the most material risks associated with e-signature processes?
  • Do you have clear process maps for e-signature agreements?
  • Do you understand the key controls covering e-signature agreements?

A&O Consulting is headed by Sally Dewar, formerly on the board of the FSA. Its team of former regulators and industry experts specialise in governance, conduct, culture and other non-financial risk, helping to extend the range of support A&O can provide to its clients.