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Poor execution or contract management such as a belief by the parties that an electronic signature is binding, when in fact it does not meet the applicable legal provisions necessary for validity, may result in your businesses suffering an inability to remedy the consequences of a breach.
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Robert Krautkramer discusses a recent case which is certain to be referred to and relied on (or criticised) in the years that lie ahead, on the vexing topic of what actually constitutes an electronic signature for the alienation of land.
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While South Africa has moved to lower levels of its COVID-19 lockdown, the risk of renewed waves or surges of the pandemic over the next few months means that many businesses have chosen to maintain their virtual and remote working practices.
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Recently a transaction occurred in which a Power of Attorney to transfer land, prepared electronically, was signed by the transferor using an Advanced Electronic Signature (AES).
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The hassle of physically signing a document is a thing of the past, says George Findlay, account manager and corporate software specialist at LexisNexis South Africa.
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Recently a transaction occurred in which a Power of Attorney to transfer land, prepared electronically, was signed by the transferor using an Advanced Electronic Signature (AES).