Electronic signatures and execution in Australia
Most Australian documents can be signed electronically under the Electronic Transactions Act 1999 (Cth) and its state equivalents, provided the method identifies the signatory, indicates intention to be bound, and is reliable in the circumstances. Sections 110A and 126 of the Corporations Act 2001 (Cth) now permanently allow companies to execute documents and deeds electronically, including split execution.
Coverage
Australian law firms advising on contracts, corporate transactions and property matters, together with any business executing documents on behalf of an Australian company, individual or government agency.
Legal basis
Electronic Transactions Act 1999 (Cth) and state equivalents. Corporations Act 2001 (Cth) ss 110A, 127 (electronic execution by companies). Treasury Laws Amendment (2021 Measures No. 1) Act 2021 and Corporations Amendment (Meetings and Documents) Act 2022.
The obligations
Check the document can be signed electronically
Confirm the specific document is not excluded — for example, some wills, powers of attorney, migration and statutory declarations are still subject to state-specific rules.
Reliably identify the signatory
Use a method that identifies the signatory and indicates their approval — typed names, click-to-sign, handwritten signatures on a touchscreen, or digital certificates.
Use a method appropriate to the purpose
Ensure the electronic method is as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances.
Obtain the recipient's consent
For documents caught by the Electronic Transactions Act, ensure each signatory or recipient consents (expressly or by conduct) to the use of electronic communication.
Comply with Corporations Act s 110A and s 127
When a company executes a document electronically, ensure the signatory is a director, secretary or authorised officer and that the method shows they have signed the document.
Support split execution
Where two officers sign separately, each may sign a counterpart or copy electronically — ensure each copy is identical in substance and both signatures are captured.
Execute deeds electronically with care
Deeds may be executed electronically under the Corporations Act and most state legislation, but witness requirements for individuals vary by state and must be checked.
Maintain a full audit trail
Retain evidence of who signed, when, from what IP address, the document hash, and the authentication method, typically via a reputable e-signing platform.
Check jurisdiction-specific property requirements
Confirm whether the document is a dealing requiring electronic lodgement (e.g. e-conveyancing in NSW and VIC) and comply with any verification of identity standards.
Store signed documents securely
Store signed electronic documents in a way that preserves integrity, metadata and accessibility for the full limitation period.
What happens if you do not comply
An improperly executed document may be void or unenforceable, leading to transactional losses, professional negligence claims, and remedial work. Contravention of Corporations Act execution provisions can lead to ASIC enforcement action.
Reporting requirements
There are no routine reporting obligations for electronic execution, but firms must be able to produce execution evidence (audit trails, platform certificates) if the validity of a document is challenged.
What firms should do today
- Adopt a single approved e-signing platform and document the firm's standard settings
- Maintain a list of document types the firm will not execute electronically without specialist advice
- Record consent, authority and witness details in a standing execution checklist
- Keep the completion certificate, audit trail and signed document together in the matter file
- Review the firm's e-signature policy whenever Corporations Act or state property rules change
Compliance with Quillio
Quillio reviews execution clauses, split execution blocks and witness language before signing — and keeps the entire drafting trail on Australian-hosted infrastructure. See /resources/security.
This guide is general information about electronic execution in Australia only — not legal advice. Rules on deeds, wills and some state documents differ and should be checked on a document-by-document basis.
Build compliance into your stack.
Quillio is built around AU compliance from the ground up — SOC 2 Type II + ISO 27001 + Australian data sovereignty. The free trial requires no credit card.
Start your free trial