Electronic Signatures In Commercial Loan Transactions
Updated: Dec 19, 2021
In the last Annual meeting of the Business Law Section of the American Bar Association, I had the pleasure to organize and moderate a panel of experts on electronic contracting… a theme “outside” the realm of my posts relating to IP Financing, but very relevant in today’s intangible-driven economy.
“In our digitally connected world, parties want to benefit from easy, efficient and convenient ways to transact. The physical closings where all contracting parties with their counsel gather around a table covered with multiple copies of agreements have been replaced in great part with online exchanges of signed documents. This is particularly true in cross-border transactions where parties are located in various jurisdictions.” *
While electronic signatures are legally accepted and recognized in many jurisdictions, market practice has not been quick to adopt them. Whether the signature consists of a “wet ink” signature of a party which is then scanned and sent to another party or a signature using a technology-enabled platform, the process presents a set of legal and practical challenges relating to the enforceability and non-repudiation in a litigious context.
For a quick overview of what was covered by the panel, see “Program Spotlight: Jon Rubens Interviews Kiriakoula Hatzikiriakos and Tracy Springer on Digital Signatures”
* From abstract of program on the panel; members of the ABA can access materials by clicking the image below.