Electronic Signature, which software would suit you?

There are many software out there….
Adobe Sign
You can track and manage documents you’ve sent for e-signing by going to the Home view and selecting For Signature under shared. You’ll see a list of all documents pending signature, all signed documents, and an activity audit trail. The receiver doesn’t need to create an account for signing.

Docu Sign
On your DocuSign home screen, the overview tab will show you at-a-glance just how many documents are waiting for action to be taken. From there, you can take a deeper dive into individual envelopes so that, if needed, you can follow up on customers with complete clarity. A DocuSign envelope is like a sophisticated, digital version of that courier’s envelope – containing recipient information, documents, document fields, and timestamps that indicate delivery progress. They also contain information about the sender, security and authentication information. The receiver doesn’t need to create and account for signing.
The above two software has pretty much similar function and system. So how do we choose ?
It can be the planning prices. It can be what is most priority for you? This is what was suggested…

Adobe Sign for SMBs
If you’re just looking for a simple e-signature solution for your business, Adobe Sign is a little more expensive than DocuSign at the mid-range but gives you everything you need to sign and send business documents.

DocuSign for Enterprise
If your company size dictates that you’ll need a large number of users to send PDFs or integrate with multiple pieces of software, DocuSign can scale with your business with a full battery of features and support options.

Electronic signature has been around for a while, thanks to the technology being enabling it. However, Electronic signatures are, arguably, less secure than a traditional signature because of the possibility of a third party intercepting the electronic document and extracting and using that signature.
Here are what is under NZ law.
Part 4 of the Contract and Commercial Law Act 2017 (CCLA) (previously the Electronic Transactions Act 2002) clarifies the legal requirements regarding electronic signatures.

When can I use an Electronic Signature?

Subject to a few exceptions referred to further below, the general position under the CCLA is that electronic signatures can be used and will be considered just as valid as written signatures as long as certain requirements are met and the parties consent. This means in practice you can sign the following documents electronically:

Agreement for Sale and Purchase of Real Estate;
Commercial agreements;
Leasing documentation;
Director resolutions;
Shareholder resolutions; and
Trustee Resolutions

When can I not use an Electronic Signature?

Schedule 5 of the CCLA provides a list of examples where an electronic signature cannot be used. These include but are not limited to:

Wills, codicils or other testamentary instruments;
Affidavits;
Statutory Declarations;
Other documents that are given on oath or affirmation;
Powers of Attorney and Enduring Powers of Attorney; and
Information that is required to be given in writing in person, unless the person receiving the electronic signatures consents.

What about deeds?

Best practice is for the witness to be physically present (not by audio-visual technology) when observing the director’s electronic signature. The usual requirements in relation to witnesses still apply to electronic signatures i.e. the witness should not be a party to the deed and should be adequately identified by stating their name, address and occupation.

Is an electronically signed document an “original”?

Yes. If a document has been signed electronically it will constitute an original document provided the electronic signing method reliably assures the integrity of the document. In practice this means taking steps to ensure that the document cannot be tampered with or changed after signing (other than by using the same amendment rules that apply to wet ink documents).

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