Part 8

Electronic conveyancing

Electronic dispositions: formalities
91
1
This section applies to a document in electronic form where—
a
the document purports to effect a disposition which falls within subsection (2), and
b
the conditions in subsection (3) are met.
2
A disposition falls within this subsection if it is—
a
a disposition of a registered estate or charge,
b
a disposition of an interest which is the subject of a notice in the register, or
c
a disposition which triggers the requirement of registration,
which is of a kind specified by rules.
3
The conditions referred to above are that—
a
the document makes provision for the time and date when it takes effect,
b
the document has the electronic signature of each person by whom it purports to be authenticated,
c
each electronic signature is certified, and
d
such other conditions as rules may provide are met.
4
A document to which this section applies is to be regarded as—
a
in writing, and
b
signed by each individual, and sealed by each corporation, whose electronic signature it has.
5
A document to which this section applies is to be regarded for the purposes of any enactment as a deed.
6
If a document to which this section applies is authenticated by a person as agent, it is to be regarded for the purposes of any enactment as authenticated by him under the written authority of his principal.
7
If notice of an assignment made by means of a document to which this section applies is given in electronic form in accordance with rules, it is to be regarded for the purposes of any enactment as given in writing.
8
The right conferred by section 75 of the Law of Property Act 1925 (c. 20) (purchaser’s right to have the execution of a conveyance attested) does not apply to a document to which this section applies.
9
In relation to the execution of a document by a company in accordance with section 44(2) of the Companies Act 2006 (signature on behalf of the company)—
a
subsection (4) above has effect in relation to paragraph (a) of that provision (signature by two authorised signatories) but not paragraph (b) (signature by director in presence of witness);
b
the other provisions of section 44 apply accordingly (the references to a document purporting to be signed in accordance with subsection (2) of that section being read as references to its purporting to be authenticated in accordance with this section);
c
where subsection (4) above has effect in relation to a person signing on behalf of more than one company, the requirement of subsection (6) of that section is treated as met if the document specifies the different capacities in which the person signs.
9A
If subsection (3) of section 53 of the Co-operative and Community Benefit Societies Act 2014 (execution of documents) applies to a document because of subsection (4) above, subsection (5) of that section (presumption of due execution) shall have effect in relation to the document with the substitution of
“ authenticated ”
for “signed”.
10
In this section, references to an electronic signature and to the certification of such a signature are to be read in accordance with section 7(2) and (3) of the Electronic Communications Act 2000 (c. 7).
S. 91(9) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948) , arts. 2(2) , 3(1)(b) , Sch. 1 para. 224 (with arts. 6 , 11 , 12 )
S. 91(9A) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14) , s. 154 , Sch. 4 para. 80 (with Sch. 5 )