What is mercury signing

Mercury signing refers to the use of digital signatures in virtual signings or closings.

1. What is the Mercury principle?
2. Are mixed signings permissible?
3. What is the meaning of execution of documents?
4. What constitutes a signature UK?

What is the Mercury principle?

The judge in Mercury took the view that section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (LPMPA) requires a deed to be executed by an individual in its final version. Section 1(3) LPMPA provides: "An instrument is validly executed as a deed by an individual if, and only if - (a) it is signed-

Are mixed signings permissible?

There is nothing in principle to prevent the mixed signing of a deed, so that one party signs in wet ink and the other by electronic means or via the Mercury approach. This would need to be done by way of counterpart deeds and it will be necessary for there to be a counterpart clause contained within the deed.

What is the meaning of execution of documents?

this case, it was held that the ordinary meaning of 'executing a document' is signing a document as a consenting ... evidence of his assent to a document is executant within the meaning of Section 35 .

What constitutes a signature UK?

Under English law, what constitutes a signature is flexible. A person's intention can determine whether they have entered into binding agreements or transactions. Many electronic signature platforms can establish enough evidence to prove intention, should someone later dispute the validity of the contract.