During this period, remember that you can sign your documents and contracts remotely

What is a remote signature?

When discussing signing a document remotely, several signing procedures can be considered:

• The traditional procedure of exchanging the original paper document by mail: this signature allows you to eventually possess the original of your deed or contract, handwritten by each party. However, this signing procedure can be lengthy, and currently, due to the closure of many post offices, it is unlikely to function effectively.
• Sending a scanned copy of the contract signed by each party: this procedure for signing a document allows for the rapid exchange of versions of the signed documents between the parties (if said parties each have a scanner available). However, case law places little value on a scanned signature, indicating that it is insufficient to guarantee the authenticity of a party's legal commitment.
• Electronic signatures: These have been legally recognized since Law No. 2000-230 of March 13, 2000 , and are now governed by the European eIDAS Regulation of July 23, 2014. They allow for the near-instantaneous signing of a document, notably through software that the parties access via a link sent to their email address. To guarantee the legal validity of the signature and the signed document, it is necessary to choose software from a qualified Trust Service Provider (TSP) that enables advanced and qualified electronic signatures (at Arst Avocats, we use DocuSign).

Can I use electronic signatures for all documents?

Although this electronic signature previously faced opposition (from individuals, professionals and the administration), it is now increasingly implemented and accepted.

It can therefore be used to sign:

• In contract law : all your contracts and amendments (service contract, franchise agreement, lease, etc.);
• In corporate law:
  • The acts relating to the formation of a company;
  • Preparatory acts for meetings (notices of meetings, management and special reports, reports of directors);
  • The private agreements of unanimous decisions of the partners, which are equivalent to minutes of the general meeting, provided that this latter method of collective decision-making is statutorily authorized, and, during the holding of the meeting, the attendance sheets and minutes of the general meeting;
  • share transfer deeds (the registration service accepting to register such deeds signed electronically);
  • shareholder agreements and other internal regulations.