We examine below practical considerations for arranging remote execution of transaction documents by Irish companies during the present Covid-19 restrictions. Ideally, where a document needs to be signed, it would be in the physical presence of all parties or their appointed attorneys at the completion of a transaction. With present travel restrictions lasting into the summer and many signatories working remotely without access to printers or company seals, this will not be practicable for many transactions. Alternative approaches to execution will have to be explored.
This Insight will examine the options available to a signatory of a document in the following circumstances:
- The signatory can access a printer;
- The signatory can access electronic signatures;
- The document is a deed;
- The signature requires a witness;
- The document requires legalisation; and
- The document is to be submitted to the CRO.
The scope of this Insight does not encompass specific execution formalities such as corporate authorisation requirements, contractual provisions or regulatory and tax considerations for the execution of a document by an Irish company. Other relevant factors which should be considered before arranging for electronic signature include the governing law of the document, the constitution of the relevant Irish company, as well as the requirements of any relevant registry or State department (such as the Department of Foreign Affairs) for wet-ink originals.
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