In an increasingly integrated digital environment, I am committed to offering innovative solutions to my clients within the constraints of the Notarial Practice Rules and the current provisions of English and other law.

Since the global pandemic, there has been a substantial increase in demand the use of electronic notarisation options. This is an area of practice that now augments the more traditional “wet ink” paper-based practices. Electronic notarisation involves the use of my internationally recognised “qualified electronic signature,” and when this is acceptable, has the same legal effect as a handwritten wet-ink signature.

E-solutions are now possible in many areas and there has been a marked increase in their acceptance by overseas recipients who recognise the rigour of our processes. Particular factors to be taken into account when considering the electronic execution of documents for use overseas include the governing law of the underlying document, the form of e-signing to be used, the type of document and whether apostilling or another form of legalisation is required by the receiving jurisdiction.

This is an area of development to allow me to provide digital notarisation and to facilitate remote signings, in appropriate circumstances. I am working with the UK Foreign Commonwealth and Development Office to advise clients and to liaise with overseas notaries and authorities to facilitate the acceptance of electronic documents overseas, including the recognition of the E-Apostille.

By incorporating international standard electronic signatures with a multi-layered safeguarding approach this has added certainty while maintaining a flexible and efficient approach to facilitate cross border matters. This can be particularly useful in commercial matters, in what is a rapidly developing area of international notarial practice.

There are however circumstances in which remote or electronic signatures are not able to be or should not be used. English law does not currently allow notaries to formally take or administer oaths or act as witnesses to deeds and where documents must be signed in the physical presence of a notary.