eSignature Licitness for Assignment of Partnership Interest in Australia

Electronic signatures are not permitted to be used in executing wills or codicils, contracts relating to the alienation of immovable property, bills of exchange such as cheques, and long-term agreements for immovable property, which are in excess of ten years.

For an agreement to be valid, all it takes is for all parties to agree mutually and understand the contract thoroughly. Hence a typed signature constitutes as proof that all parties involved have agreed to the terms.

The Electronic Transactions Act 1999 (ETA) says that electronic signatures (often called eSignatures) are just as valid as traditional paper or 'wet ink' signatures for most Commonwealth processes.

Any person executing a deed or document under section 126 of the Corporations Act 2001 (as agent of the company) or section 127, may use an electronic signature if the method identifies the person, indicates an intention to be bound and is as reliable as appropriate in the circumstances.

Usually, a signature is someone's name written and stylized. However, that is optional. All that needs to be is some mark that represents you. It can be a series of squiggles, a picture, or even the traditional "X" for people who can't read and write.

In all Australian states and territories, an individual may execute a contract electronically so long as the following conditions are met: identification: the contract clearly identifies the person or people that are signing the contract electronically; reliability: the method of signing electronically is reliable.

Any person executing a deed or document under section 126 of the Corporations Act 2001 (as agent of the company) or section 127, may use an electronic signature if the method identifies the person, indicates an intention to be bound and is as reliable as appropriate in the circumstances.

It can be any mark on paper that indicates the parties accept the terms of an agreement. For example, a party that is unable to sign a contract because they have a physical disability may indicate their agreement to the terms of a contract using a cross (X) as a signature. Signatures can also be stamps.