Depending on where you are in the world, a scanned copy of a contract may not be your best form of contract. The hard part is avoiding fraud. Electronic signatures in compliance with electronic signature legislation, such as ESIGN, have integrated anti-fraud technologies to ensure that the electronic version of signatures cannot be used. There is no point in knowing that your scanned signature will be accepted if the contract to which it belongs has radically changed and you cannot prove that it is the name. In our opening example, the seller would have to prove that the customer changed the price to 50% of the original. It`s expensive. Digital signatures, secure, equipped with anti-fraud components, and which create all verifiable trails, are the only real way to create trustworthy contracts. The thing about signatures is that they are simply a certificate that a person agrees. It is the „something,“ or in other words, the promises made in a contract, which usually create problems – such as non-payment or disagreement over the expectations of the treaty. If you simply placed a scanned signature on the document, that document could be sneakily amended and it would be difficult to prove that it did not originally contain the inserted clauses or the amended terms. It is too easy to handle an electronic contract electronically. In practice, it is good to be able to prove the existence of a contract in the event of a dispute. For this reason, it is advisable to use a form that allows (some) proof.
In this regard, a paper document or document with an officially recognized electronic signature is preferable, a scanned document or email are usually in order, an oral agreement is probably problematic. It is interesting to note that this is an ancient act, the fraud law that was originally passed in 17th century England, and which is still in use in 48 states that allow you to use scanned signatures. The Fraud Act includes a number of types of contracts, including the sale of goods over $500. Although it was developed nearly 400 years ago, the elements of the law can still be used to determine the validity of a modern signature. Although the consent of the parties can be demonstrated, it is generally accepted that the parties can enter into a contract following the procedure described in the agreement that „confirms“ their consent. So back to scanned copies of contracts and whether they are enforceable or not. The real question is – the question of the threshold is whether the contract law supports electronic contracts. U.S. and Canadian law; In both countries, laws have been passed at the federal and national or provincial/territorial level, (a) authorizing electronic signatures (or electronic signatures) and electronic records of the same legal value as physical signatures (or wet inks) and physical records, and (b) ensuring that a contract is not invalidated solely because it is available electronically. In addition, the validity of the underlying arbitration agreement is governed by the law of the arbitration headquarters. Therefore.B.
if the seat of arbitration is England and the electronic signature on the underlying material agreement is valid under English law, then the arbitration award will be enforceable in Hong Kong (subject always to the usual reservations of the New York Convention). As the correspondence table indicates, jurisdictions in jurisdictions with relaxed validity requirements (e.g. B England and Wales and the United States) will take into account the intention (or not) of the alleged signatory to authenticate the contract in question. In these circumstances, we recommend investing in electronic signature technologies that offer a high level of security in identifying the signatory and intending to authenticate the document.