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Electronic execution: Difference between revisions
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''Any'' signature is simply a means of gathering and recording evidence that your counterparty agreed to your transaction or gave you the instruction that your records say it did. It is an [[audit]] trail. It is [[due diligence]]. You will only need that evidence should your counterparty ''deny'' your [[contract]], or its instruction. The moment it does, or confects a claim that your ''actual'' bargain is different from how you wrote it down on this piece of paper — that is the moment where your counsel, {{jerrold}} pulls out your agreement, slaps it on the registrar’s desk, pointing his spittle-flecked fat little fingers at your adversary’s ''signature''. | ''Any'' signature is simply a means of gathering and recording evidence that your counterparty agreed to your transaction or gave you the instruction that your records say it did. It is an [[audit]] trail. It is [[due diligence]]. You will only need that evidence should your counterparty ''deny'' your [[contract]], or its instruction. The moment it does, or confects a claim that your ''actual'' bargain is different from how you wrote it down on this piece of paper — that is the moment where your counsel, {{jerrold}} pulls out your agreement, slaps it on the registrar’s desk, pointing his spittle-flecked fat little fingers at your adversary’s ''signature''. | ||
So how would Sir Jerrold feel, were this dramatic | So how would Sir Jerrold feel, were this dramatic reveal not a dog-eared contract with a hastily-appended scribble on it, but a two-factor authenticated, time-stamped, [[distributed ledger]]-registered digital record of your counterparty’s authorised officer’s assent? Most well-adjusted counsel would say, “rather better”. | ||
It doesn’t matter if it is a hand-inked signature scratched on onion skin with a quill and waxen seal, a two-factor-authenticated digital signature or, for that matter, a series of unambiguous semaphore messages from a person atop a distant hill whom you sincerely and plausibly believe to be your client. If it ''is'' your client, and you have a record of its assent, however communicated, it will be hard for your client later to claim the contrary. | It doesn’t matter if it is a hand-inked signature scratched on onion skin with a quill and waxen seal, a two-factor-authenticated digital signature or, for that matter, a series of unambiguous semaphore messages from a person atop a distant hill whom you sincerely and plausibly believe to be your client. If it ''is'' your client, and you have a record of its assent, however communicated, it will be hard for your client later to claim the contrary. | ||