Can a company digitally execute documents?

The permanent use of electronic excecution of documents (including deeds) was passed in Feburary 2022. The Corporations Amendment (Meetings and Documents) Act 2022 (Cth) was implemented to refine and entrench the temporary measures previously introduced under the COVID-19 regulations including the ability to execute documents electronically, splt execution, distributing meetings, conviening meeting and related documents. 

Key Features of the Act

Execution of Documents

The Act permits companies to execute documents (including a deed) in a 'technology neutral manner'. It amends the existing requirements in section 126 and 127 of the Corporations Act by confirming that corporate documents lodged under the Act can be executed and signed electronically. This means physical or wet signatures are no longer required also removing the condition for a witness. In addition, amendments to section 127 now allows proprietary companies with a sole director and no secretary will be able to execute documents which currently is not prescribed. Section 126 also allows agents to vary, create, ratify and execute documents (including deeds) on behalf of companies; there is no longer the requirement to be appointed by deed prior.

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