The Use of Electronic Signatures in Authenticating Global Notes
In March 2020, governments around the world took action to stall the advent of the novel coronavirus (Covid-19) by implementing a range of “social distancing” rules. These measures have meant that market participants may be unable to print and sign documents with “wet ink” in accordance with usual practice; there are additional complications if a witness is required. These circumstances have brought into sharp focus an enduring question about the status of electronic execution in law.
Sven Uiterwijk has contributed to a paper published by the Financial Markets Law Committee (FMLC) that surveys the position of electronic signatures under the main jurisdictions which govern global notes, including the Netherlands. The paper is published on the FMLC's website and can be found here.
