Validity of Electronic Signatures in Statutory Documents?


Electronic signature acts as an enough evidence to prove intention, should someone later dispute the validity of the contract. This includes, we believe, for creating a deed under Malaysian Law.

Parties can now sit either side of the globe and electronically sign their agreement. Nevertheless, your agreement may be invalid if you execute a document using an electronic signature incorrectly. We look at how to avoid the pitfalls that render your agreement worthless.

We have compiled a summary of documents that permit electronic signatures as a legal and acceptable form of signature below:   

1 . What are Electronic Signatures?

Malaysia has laws in place governing electronic signatures under the Electronic Commerce Act 2006 (ECA), where it defines electronic signatures as “any letter, character, number, sound or any other symbol or any combination thereof created in an electronic form adopted by a person as a signature.”

2 . What are the Differences between Electronic Signatures and Digital Signatures?

Digital signature is governed under The Digital Signatures Act 1997 (DSA) and is defined as “a transformation of a message using an asymmetric cryptosystem (an algorithm or series of algorithms which provide a secure key pair) such that a person having the initial message and the signer’s public key can accurately determine (a) whether the transformation was created using the private key that corresponds to the signer’s public key and (b) whether the message has been altered since the transformation was made.” In simpler terms, a digital signature is more of a process rather than a mere symbol affixed to an electronic document. For this article, electronic signatures will be our focus  


Read more about the legality of using Electronic Signatures in Statutory Documents in Malaysia at this WeCorporate blog.


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