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Is there a requirement under law that a deed has to be physically dated (ie printed out and dated with agreement by all parties who have signed remotely), or can the dating also be done electronically after parties have signed in counterpart?
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Published on: 24 June 2020
We have assumed that: the query relates to the execution of a business-to-business commercial agreement subject to the laws of England and Wales.
In our searches we can find no requirement for a ‘wet ink’ date to be applied to an agreement instead of an electronic date stamp.
A date is not essential to the validity of a deed (Morrell v Studd & Millington). A deed takes effect on the date of its delivery (section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989). The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate (Silver Queen Maritime Ltd v Persia Petroleum Services
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Jurisdiction(s):
United Kingdom
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Law definition
What does Law mean?
means: (a) any legislation, regulation, by-law or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or (e) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;
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