Section 8Part 0 —
Deeds and certain other instruments no longer required to be executed under seal
←→ Navigate · Click subsection badges to collapse · Press ? for help
Subject to subsection (5), an instrument is validly executed by an individual as a deed or an instrument under seal if it satisfies the requirements of this section.
A deed or instrument under seal satisfies the requirements of this section if —
it is signed in accordance with subsection (3); and
it is either —
sealed; or
expressed to be, or is expressed to be executed as, or otherwise makes clear on its face it is intended to be, a deed.
For the purpose of this section, a deed or instrument under seal may be signed in any manner contemplated by the parties thereto, including, without limitation —
by a signature on the complete deed or instrument; or
by a signature on any signature page or execution page to the deed or instrument (whether or not the deed or instrument is at such time in final form) which is attached by the individual to (or at the direction of, or on behalf of, the individual, or otherwise with the individual's authority to) the deed or instrument,
Subsection (3) shall apply to deeds or instruments under seal regardless of whether they are made before, on or after the commencement of subsection (3) provided that no deed or instrument made before the commencement of subsection (3) shall be invalid by reason only of any provision of subsection (3).
In this section —
a deed or instrument under seal may take the form of an electronic record within the definition of that expression contained in section 2 of the Electronic Transactions Act (2003 Revision); and
"sign" in relation to a deed or instrument under seal —
where the deed or instrument is written on a tangible medium, includes an individual making that individual's mark on the deed or instrument, and "signature" is to be construed accordingly; and
where the deed or instrument is in the form of an electronic record, "signature" means an electronic signature as provided by section 19 of the Electronic Transactions Act (2003 Revision), and "sign" shall be construed accordingly.
During the period commencing on the date of commencement of the Property (Miscellaneous Provisions) (Amendment) Act, 2020 and ending on 16th April, 2022 or at such other date as Cabinet may by Order appoint —
where an individual or another person, at the direction of the individual or on behalf of the individual, signs a deed or instrument in the virtual presence of a witness —
the witness must be able to contemporaneously view the signing of the deed or instrument remotely; and
where the individual signing the deed or instrument is not personally known to the witness, the individual shall present a valid photo identification to the witness contemporaneously;
a person is in the virtual presence of another if, using communication technology, both persons are able to contemporaneously see, hear and speak to each other;
"communication technology" means any electronic device or process that facilitates communication of visual images and audio in real time;
"electronic" means relating to technology having electrical, magnetic, optical, electromagnetic, or similar capabilities, whether digital, analogue or otherwise; and
"presence" includes virtual presence.
The provisions of subsections (1) to (4A) are without prejudice to the validity of any instrument under seal validly executed as such whether before or after 23rd November, 1994, as the case may be.
For the avoidance of doubt, subsections (4) and (4A) shall not limit or otherwise affect the application of the Electronic Transactions Act (2003 Revision) to an instrument or to writing, or the signing of an instrument or writing, mentioned in another section of this Act.
The Cabinet may make regulations providing for such matters as may be necessary for giving effect to subsection (4A).
Defined Terms
electronic recordsignatureelectronic signaturecommunication technologyvirtual presenceelectronic
Cross References
- Section 2 of Electronic Transactions Actexternal
Electronic Transactions Act (2003 Revision), section 2
- Section 19 of Electronic Transactions Actexternal
Electronic Transactions Act (2003 Revision), section 19