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Electronic Signature

/ɪˌlɛkˈtrɒnɪk ˈsɪɡnətʃə/

Electronic Signature is a digital method of signing documents with the same legal validity as handwritten signatures under Irish and EU law, enabling secure remote execution of contracts, forms, and company filings whilst complying with eIDAS regulations.

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What is Electronic Signature exactly?

‍Electronic Signature is a digital process that captures a person's intent to sign a document using technology, carrying the same legal weight as a traditional handwritten signature in Ireland and across the EU. This method relies on eIDAS regulations, which classify electronic signatures into three levels based on security and reliability.

‍When you use an Electronic Signature, platforms like DocuSign or Adobe Sign generate a unique identifier linking your identity to the document at the point of signing. This creates an audit trail of who signed, when, and from where, making it tamper-evident and legally robust for most business purposes.

‍For Irish startups, Electronic Signatures accelerate incorporation processes and contract execution, eliminating the need for physical meetings or postal delays whilst maintaining compliance with company law requirements.

How do Electronic Signatures work legally in Ireland?

‍Under the European eIDAS Regulation, Electronic Signatures have full legal equivalence to handwritten ones when they meet basic reliability standards. Irish courts recognise them for contracts, Form A1 filings, and most company documents, provided the signatory's identity is verifiable.

‍Qualified Electronic Signatures, using digital certificates from trusted providers, offer the highest assurance and are equivalent to traditional signatures in all circumstances. Simple electronic signatures suffice for everyday use, whilst advanced ones bridge the gap with enhanced security features.

What are the different types of Electronic Signatures?

‍Electronic Signatures fall into three categories under eIDAS. Simple Electronic Signatures include scanned images or typed names, suitable for low-risk internal documents. Advanced Electronic Signatures add identity verification and tamper detection, ideal for customer contracts.

‍Qualified Electronic Signatures require hardware devices and qualified trust service providers, providing courtroom-level evidence. Irish businesses often choose platforms compliant with these standards to ensure enforceability across jurisdictions.

Can I use Electronic Signatures for company incorporation documents?

‍Yes, the Companies Registration Office accepts Electronic Signatures on most forms, including director consents and constitutions during incorporation. This speeds up setup whilst ensuring Form A1 submissions meet legal standards without physical signing.

‍However, certain high-value documents like share transfers may still require wet ink for stamp duty adjudication. Always confirm with your solicitor for specific filings to avoid rejection.

Where would I first see
Electronic Signature?

You'll most likely encounter Electronic Signature when incorporating your company remotely or signing your first client contract via DocuSign, prompted by your lawyer or platform to click 'Accept' instead of mailing originals.

Are there limitations on using Electronic Signatures in Ireland?

‍Electronic Signatures cannot be used for wills, certain family law documents, or land registry transfers requiring handwritten execution. For company matters, they work well except where legacy laws specify 'wet ink,' though reforms are expanding acceptance.

‍Identity verification remains key; weak processes risk challenges. Platforms ensuring compliance with eIDAS mitigate these issues effectively.

How does Electronic Signature differ from a wet ink signature?

‍Wet ink provides physical evidence but delays processes with printing and couriers. Electronic Signatures offer speed, global accessibility, and audit trails, often with stronger security through encryption and biometrics.

‍Legally, both bind parties equally under Irish law, but electronic methods excel for remote teams and international deals, reducing costs whilst enhancing efficiency.

What platforms provide compliant Electronic Signatures?

‍DocuSign, Adobe Sign, and HelloSign offer eIDAS-compliant solutions with advanced features. Irish providers like Sign.IE cater to local needs, integrating with CRO portals for seamless filings. Choose platforms audited for qualified signatures when maximum assurance is required.

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