Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Legal recognition of electronic transferable record
16E. To avoid doubt, an electronic transferable record is not to be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic record.[5/2021]
Requirement for writing
16F. Section 7 applies to an electronic transferable record as it applies to an electronic record within the meaning of section 2(1).[5/2021]
Requirement for signature
16G. Where a rule of law requires a signature of a person, or provides for certain consequences if a transferable document or instrument is not signed, that requirement is met with respect to an electronic transferable record if a reliable method is used —(a) to identify that person; and (b) to indicate that person’s intention in respect of the information contained in the electronic transferable record.[5/2021]
Transferable documents or instruments
16H.—(1) Where a rule of law requires a transferable document or instrument, that requirement is met by an electronic record if —(a) the electronic record contains the information that would be required to be contained in the transferable document or instrument; and (b) a reliable method is used —(i) to identify that electronic record as the authoritative electronic record constituting the electronic transferable record; (ii) to render that electronic record capable of being subject to control from its creation until it ceases to have any effect or validity; and (iii) to retain the integrity of that electronic record.[5/2021] (2) For the purposes of subsection (1)(b)(iii), the criterion for assessing integrity is whether information contained in the electronic record, including any authorised change that arises from its creation until it ceases to have any effect or validity, has remained complete and unaltered apart from any change that arises in the normal course of communication, storage or display.[5/2021]
Requirement for possession or transfer of possession
16I.—(1) Where a rule of law requires the possession of a transferable document or instrument, or provides for certain consequences if a transferable document or instrument is not possessed, that requirement is met with respect to an electronic transferable record if a reliable method is used —(a) to establish exclusive control of that electronic transferable record by a person; and (b) to identify that person as the person in control.[5/2021] (2) Where a rule of law requires the transfer of possession of a transferable document or instrument, or provides for certain consequences if possession of a transferable document or instrument is not transferred, that requirement is met with respect to an electronic transferable record through the transfer of control over the electronic transferable record to another person in accordance with subsection (1).[5/2021]
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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