You don't have to use a digital execution platform. Signers can digitally add in their signatures in most standard software packages. Even when on the move, signers will have their phones with them and be able to use Adobe's PDF reader software to sign a document. Here is guidance as to how to do this on an iPhone. To achieve the same on an Android phone you'll need to download the Fill & Sign App from Adobe. Here is some guidance on this. Word also allows you to insert a picture of your signature. For agreements (other than deeds), digital signatures are binding. For an article on the efficacy of digital execution, see here.
Using Signable
Our preferred means of digital execution is Signable as it is more data protection compliant. To use just send the document to the Administration Team, indicating whose signature and what date should appear where. By default, the Administration Team will not include the Digital Execution Protocol, but if you want them to include it then you will need to tell them (i) if you want the Digital Execution Protocol to apply, (ii) if your document requires a witness and who the witness will be and (iii) if the document is for immediate effect or to be completed later by you in a completion meeting. The Administration Team will arrange for the execution and send you the executed document. Please note that if sent to multiple signatories, each signatory will be able to see the email address of the other signatories. If you do NOT wish for this to be the case, please contact the Administration Team for further guidance.
If you would like your own Signable account, so that you can send out documents for digital signature any time, then let the Administration Team know. They will create a Signable account for your Pod. As many members of your Pod as you like can have access to your Signable account. Each authorised Pod Member can see all the Pod's signing "envelopes" and thus work seamlessly.
If you are sending an envelope to multiple parties for signature you have the option to set the envelope so that that signatories can sign all at once or one at a time. This speed things up as parties do not have to wait for the person ahead of them in the queue to sign the document before they receive a copy of it for signature.
Please note that if you are sending multiple documents for signature or circulation using one Signable envelope, please note that ALL recipients will be able to see and view each document contained in that envelope plus details of each requested signatory's email address. Where certain documents need to be signed only by some and not every recipient to an envelope, or where there is any sensitivity regarding sharing documents or email addresses with other signatories, then you should create separate Signable envelopes as appropriate (where the Administration Team are assisting you they can send you a template for you to complete itemising which documents should be sent to whom). Please take the time to give full and clear instructions to the Administration Team.
Using DocuSign
You can use DocuSign instead of Signable and it does have different features. If you do though, you must warn your client that the US Government could gain access to all documents held by DocuSign through the Patriot Act. The process for using DocuSign is the same as for using Signable, though you must make it clear in any request to the Clients Team that DocuSign and not Signable is to be used.
You can send the document you want to have electronically signed to the Administration Team along with the client/matter number, the recipient's email address and phone number (and that of the witness) and they will create the envelope to send this out for you. Once this have been signed, the Administration Team will let you know and forward to you the signed document along with the audit certificate which you will need to retain on your file.
If you prefer to send the envelope to your client personally, please contact the Administration Team and they will set up an account for you. This only takes a few minutes. Once you are ready to send a document for signing you will need to follow these steps:
Step 1:Click "Start" followed by "Send Envelope". Step 2:Click on the icon that looks like a piece of paper with a + sign and select your document. Step 3:Add your recipients and select how they are signing under the "Needs to Sign" tab. NB select "signs with witness" if this is signature of a deed registerable at Land Registry.Step 4:Under the heading "customize" select "add identity verification" and fill in the required fields. Step 5:You now have the option of adding the witness details or the signer can specify. If the witness details are known add these and repeat step 5 for this party. Click next.Step 6:In this section you can view the document and mark this up for signing as you would a paper copy. The tabs, such as "signature", "full name" and "address" etc can be found in the left-hand margin under "Standard Fields", and these need to be placed on the document where the client needs to sign. Once you have placed the tab on the document a signature menu will appear in the right-hand margin, there is a recipient box, and you can change who needs to action which tabs. Repeat this stage for the witness and assign the relevant tabs to them.Step 7:Press SendOnce the document has been signed by both the client and the witness, you will be notified and a completed copy of the document duly signed will be emailed back to you. If you log into your DocuSign account and select "completed" you can download the Certificate of Completion, which represents the digital audit trail for that document, and which should be retained on your file.
Using SignIT
The most common use for deeds is to convey land. The Land Registry does accept electronic signatures, but subject to their own strict requirements set out in their Practice Guide 82.This lengthy and confusing document sets out the types of electronic signatures accepted and when they can be used. You will need to consult with this before agreeing on this method of execution as there are some exceptions contained at Appendix A of the guide. We have spoken to the Land Registry, and they advise that we use conveyancer-certified electronic signatures, which is covered under section 3 of the Practice Guide. Having checked the Land Registry's requirements, both DocuSign, and SignIT (within InfoTrack) can be used for this purpose. If you are already an InfoTrack user, using SignIT will benefit you further, as some of the documents that you may wish to have electronically signed will have been created within the InfoTrack platform removing the need to upload them. InfoTrack's offering is also more user friendly and allows you to send multiple documents in one envelope with the cost remaining the same. This will save you time and will reduce the risk of errors.
SignIT is available within the InfoTrack platform and is much more user friendly than DocuSign. If you do not have an InfoTrack account and would like one, please let the Administration Team know and they can arrange for this to be set up. Once you are ready to send a document for signing you will need to follow these steps:Step 1: Select SignIT from the left-hand menu, then select "create SignIT".Step 2: There are now two options "Classic" which would be used for signature of contracts and SDLT returns etc, i.e. non witnessed documents, and "Land Registry Deed", which complies with the Land Registry's requirements. NB. The default is classic so be sure to click on the correct tab.Step 3: Select Land Registry Deed, populate the required fields and select the number of witnesses.Step 4: Click "proceed to document setup"Step 5: You can now view the document and mark this up in the same way you would a paper copy. You select each tab e.g. "signature" and drag this to the appropriate place for the signer. There are separate tabs for signer and witness.Step 6: Click "request signatures".Within the InfoTrack platform you will be able to monitor the status of the signing process. You can also resend or invalidate if this is no longer required. Once the signing process is complete the signed document will be emailed to you along with the Land Registry Certificate that is required to evidence compliance with Practice Guide 82. The SignIT Certificate is saved within the InfoTrack Platform and will need to be downloaded and retained on your file. As mentioned above, to accompany your registration application, the Land Registry will expect you to provide a Certificate which confirms that the requirements of Practice Guide 82 have been met in respect of the digital signatures. The current wording for the certificate can be found at Appendix 2. This is also set out below, please consult Practice Guide 82 to ensure that there have been no recent changes.
Example digital execution certificate
To HM Land RegistryTitle Number: AB1234Property Description: The freehold/leasehold land shown edged with red on the plan of the above title and being [property address]Proprietor/Applicant:Deed/document for which this certificate is given (including date and parties):I act for the Proprietor/Applicant/¦I certify that, to the best of my knowledge and belief, the applicable requirements set out in practice guide 82 for the use of conveyancer-certified electronic signatures have been satisfied.
Signature of individually regulated conveyancer:
Full name of individually regulated conveyancer:
Name of individually regulated conveyancer's firm or employer:
Address of firm or employer:
Date of this certificate
Note: If you have used DocuSign with the "add identity verification" or "SignIT Land Registry Deed" you can provide the above certificate.
Note: If a third party sends the documents to your client for electronic signature (e.g. a third-party solicitor acting for the bank where finance is involved), they will need to provide the above-mentioned certificate to confirm that the platform they have used meets the Land Registry's criteria.
To be able to give the certificate you need to be content on its execution. We want the best possible evidence that the signature on the document was placed there by the person intended to sign it and they acted freely intending for the document to be legally binding.
To be sure of this it is recommend that you have a recorded Teams call where you:
As noted above it is also a requirement that beneath the witness attestation clause on the document being signed, the following wording is included "I confirm that I was physically present when [name of the party signing] signed this deed." This will remove doubt, upon inspection by the Land Registry, that the witness signed at a different time or place.
Full instructions on how to send documents and deeds for signature using DocuSign can be found here.
Note: You cannot mix digital and wet ink signatures for a signer and their witness to a deed, the same method must be used. However, counterparts can be signed using different methods.