Name
Global FinTech Guide
Country Name
Canada
SectionTitle
Signature requirements
Body
The signature requirements pertain the legal or contractual requirements in order to make a legally effective declaration of intent or a legally binding contract.

Possibility to replace a specific formal requirement of making a binding declaration of intention

Most provinces in Canada have adopted an “Electronic Signature Act”, thereby legalizing electronic signature for most transactions. Exceptions can be in the wills and estates and real estate registrations.

Presence of any specific formal requirements to effectively conclude a loan agreement

It depends on the type of loan. Some banks accept electronic signatures on loan agreements and some do not.  All loan agreements have to be properly signed and in case of a corporation, often with a corporate seal.  Individuals are required to sign in front of a witness. Docu-Sign is popular and well received.

Process of conclusion of a contract by using a qualified electronic signature in practice

Contract conclusion with DocuSign, for example, works very well and is routinely used for corporate and related transactions.

Legal consequences to a contract in case of not fulfilling formal requirements

The contract is voided.

Usual practice of signing contractual agreements in the B2B sector

Given COVID and restrictions working at the office and meetings, contractual agreements have been signed typically by either Adobe or DocuSign.  Since the COVID restrictions have been mostly lifted by now, we would suspect in person boardroom meetings with clients and lawyers completing the signing to be initiated.
 

Usual practice of signing contractual agreements in the B2C sector

Either via Adobe or DocuSign.

Authors

Disclaimer

© 2022, Miller Thomson LLP; Shibley Righton LLP. All rights reserved by Miller Thomson LLP; Shibley Righton LLP as author and the owner of the copyright in this chapter. Miller Thomson LLP; Shibley Righton LLP has granted to Multilaw non-exclusive worldwide license to use and include this chapter in this guide and to sublicense Lexis Nexis, a division of RELX Inc. and its affiliates certain rights to use and distribute this guide.

The information in this guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.

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