Is a scanned signature legally binding?

[Chase]

Hi
I want to send out NDA's to a few companies and wondered if the signature would be legally bonding if we both scanned and e mailed the document

 

[ITsoldUK]

Old but may help => http://news.bbc.co.uk/1/hi/business/1446426.stm

 

[Chase]

Thanks for that, but it refers to digital signatures. I want to know if a handwritten signatures, scanned and e mailed are legally binding

 

[ITsoldUK]

Does this help => http://www.ukbusinessforums.co.uk/forums/showthread.php?t=255544

 

[Nuno]

Unasked, but; many people think NDAs aren't worth the paper they are written on.

 

[Chase]

Unasked, but; many people think NDAs aren't worth the paper they are written on.

I think they are much better than not having one at all

 

[Chase]

Confidentiality/non-disclosure agreement
A non-disclosure agreement (NDA) is usually a legally binding agreement controlling the disclosure of information passing between parties that wish to protect their information, whether it is confidential or not. NDA terms can stand alone or form part of the heads of terms. Always ensure that the NDA protects information following breach or termination and addresses the consequences of it, along with remedies and relevant restrictive covenants.
http://lexisweb.co.uk/sub-topics/contracts-0

 

[Subbynet]

NDA's are great.... Better to have one than not. But you have to have the money to follow it through to court if it all goes pear shaped. Otherwise, ain't really worth the paper its written on.

Court action could cost many thousands of pounds, especially if the opposition have deeper pockets than you.

 

[Chase]

NDA's are great.... Better to have one than not. But you have to have the money to follow it through to court if it all goes pear shaped. Otherwise, ain't really worth the paper its written on.

Court action could cost many thousands of pounds, especially if the opposition have deeper pockets than you.

Thanks- that's not a problem

I feel we are going off the mark here. I need to know if a scanned signature is legal or not.

 

[Jenni384]

I don't know the answer, but for an important legal document like an NDA I would want a wet signature.

 

[arcon5]

I don't see why it wouldn't be binding, if valid. After all it clearly shows that both parties had a meeting of the mind by agreeing to the terms laid out in it

 

[Paul_Rosser]

I found the follwing here - http://www.justanswer.com/uk-law/4ntfv-sign-contract-sent-email-return-it-scanned.html which would indicate a scanned copy would be fine.


If I sign a contract sent to me by email and return it, scanned with my signature, is it a legally binding cntract? Thank you
Category: UK Law
Accepted Answer








Hi

Thank you for your question. I will try to help with this.

That is legally binding. A contract does not need to be formal. An oral agreement is just as good as a written contract. The only purpose of signed writing is to evidence what was agreed.

 

[Subbynet]

I found the follwing here - http://www.justanswer.com/uk-law/4ntfv-sign-contract-sent-email-return-it-scanned.html which would indicate a scanned copy would be fine.


If I sign a contract sent to me by email and return it, scanned with my signature, is it a legally binding cntract? Thank you
Category: UK Law
Accepted Answer








Hi

Thank you for your question. I will try to help with this.

That is legally binding. A contract does not need to be formal. An oral agreement is just as good as a written contract. The only purpose of signed writing is to evidence what was agreed.

That's what I thought when I searched for an answer yesterday, I also found a House of Commons select committee meeting minutes which stated that a scanned signature is acceptable. (In fact just about anything goes so long as it shows intent)

Then, I read about a number of court cases launched by a local council - it was over parking fines. When they went to court, all cases were dropped because they had not properly signed the document - instead using "scanned signatures".

Makes it hard to know what to do... But overall I will go along with the first, that its more important to show intent to enter the contract, than it is for a valid signature.

 

[Paul_Rosser]

Are you sending out NDA's for clients to sign and return to you ? If so then you will have the clients signature so shouldn't be an issue.

 

[Subbynet]

Are you sending out NDA's for clients to sign and return to you ? If so then you will have the clients signature so shouldn't be an issue.

But that's the problem. The method of having the document returned.

A fax is considered a secure communications medium, in that you can't change the contents of a message (easily). The same legally cannot be said for emailed messages.

So if the other person signed it and faxes it back, or sends it in the post, that's fine, but if they scan that document back onto their computer, and then email it to you - does this put you on shaky ground, as you don't have a ink signature - just a "scanned signature", and these have been invalidated in some cases.

I just done a google search and found this...

What you can file by email

You are responsible for the security of the information you are sending and therefore you must assess its sensitivity and whether email is a secure enough method of communication.



If you are filing a document by email that contains a statement of truth you are reminded that you should retain the document containing the original signature. The version of the document which is filed by email must satisfy one of the following requirements:
(a) the name of the person who has signed the statement of truth is typed underneath the statement:
(b) the person who has signed the statement of truth has applied a facsimile of his signature to the statement in the document by mechanical means;

(c) the document that is filed is a scanned version of the document containing the signed original statement of truth.

Below is a list of the work that will be accepted by the court if filed by email in accordance with Civil Practice Direction 5B and Family Practice Direction 6A.

This comes from this page on the Justice department website, and seems to be the guidance they would use for other cases.


http://www.justice.gov.uk/courts/email-guidance

 

[Subbynet]

Its strange, in that it mentions a scanned document... But also wants to retain original copies. Heck, I think you could go crazy working all that out... Just go with intent and be done with it!

 

[Paul_Rosser]

I would have thought, if the scanned document came from the correct email address and the message header showed that the email originated from the senders email server, then this should be good enough.

 

[NickMoore]

You could use a service such as Docusign (search for docusign do co dot uk)

 

[Steve Sellers]

A scanned signature is binding so long as it's a signature to show acceptance.

Given the fact then at agreement may be made in writing, save as for sales of land then if the signature is enough to show acceptance then it is binding. It is not the signature itself, the signature is just proof that a person has accepted the terms and intends to be legally bound.

Law of Property (Miscellaneous Provisions) Act 1989

2 Contracts for sale etc. of land to be made by signed writing.

(1)A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each.
----------------------------------

Even this statute does not mean and agreement must be signed, it merely states it must be in writing.

PS Evidence to show unequivocal acceptance would be enough. EG an email back stating "I agree to your terms and conditions in relation to such and such...................".

Unequivocal acceptance is the key.

PPS - Oh and as it's a NDA, the correct wording is necessary to bring about a contractual relationship, otherwise signature or not it will not be binding.

 

[Chase]

I found the follwing here - http://www.justanswer.com/uk-law/4ntfv-sign-contract-sent-email-return-it-scanned.html which would indicate a scanned copy would be fine.


If I sign a contract sent to me by email and return it, scanned with my signature, is it a legally binding cntract? Thank you
Category: UK Law
Accepted Answer








Hi

Thank you for your question. I will try to help with this.

That is legally binding. A contract does not need to be formal. An oral agreement is just as good as a written contract. The only purpose of signed writing is to evidence what was agreed.

Thanks good find

 

[Chase]

Are you sending out NDA's for clients to sign and return to you ? If so then you will have the clients signature so shouldn't be an issue.

Yes I am....

 

[Chase]

PPS - Oh and as it's a NDA, the correct wording is necessary to bring about a contractual relationship, otherwise signature or not it will not be binding.

OOPS! I thought that if it stated the obvious and was signed it would be a legal document? Does it have to be all on on epage? If not, do both parties have to sign each individual page?