During this period, don't forget that you can sign your deeds and contracts remotely.

What is a remote signature?

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

• the traditional procedure of the original paper exchanged by post: this signature allows you to eventually have the original of your deed or contract signed by hand by each of the parties. However, this signature procedure can be long and currently, due to the closure of many post offices, it is unlikely that it will work well.
• sending a scanned copy of the contract signed by each of the parties: this procedure for signing a deed allows the versions of the deeds signed between the parties to be exchanged quickly (if the said parties each have a scanner available). However, case law places little value on the scanned signature, indicating that it is insufficient to ensure the authenticity of a party's legal commitment.
• the electronic signature: this has been legally recognized since law no. 2000-230 of March 13, 2000 and is now governed by the European eIDAS regulation of July 23, 2014. It allows you to sign a document almost instantly, in particular by intermediary of a software to which the parties have access via a link received on their e-mail address. In order to guarantee the legal validity of the signature and the signed document, it is necessary to choose the software of a qualified Trust Service Provider (PSCo) allowing to carry out advanced signatures and qualified signatures (within the firm Arst Avocats, we use DocuSign ).

Can I use the electronic signature for all documents?

If this electronic signature previously encountered opposition (on the part of individuals, professionals and the administration), today it is increasingly implemented and accepted.

It can thus be used to sign:

• In contract law : all your contracts and amendments (service contract, franchise contract, lease, etc.);
• In company law:
  • Acts relating to the constitution of a company;
  • Preparatory documents for meetings (convening notices, management and special reports, executive reports);
  • The private deeds of unanimous decisions of the partners, equivalent to the minutes of the general meeting, on the condition that this last mode of collective decisions is authorized by statute, and, during the holding of the meeting, the attendance sheets and trial - minutes of general meetings;
  • deeds of transfer of shares (the registration service agreeing to register such deeds signed electronically);
  • shareholders' agreements and other internal regulations.