Documents that cannot be signed electronically
Wills, powers of attorney, land deeds and a few other documents need ink, witnesses or a notary in many countries. Here is what each law excludes.
Electronic signatures are valid for most contracts in almost every country. But most e-signature laws list a few kinds of document they do not cover. Those still need a handwritten signature, witnesses, a notary or registration with a public office.
When a document you are about to send looks like one of them, SignSpry warns you on the prepare screen and asks you to confirm before it goes out. The warning is a guide, not a block: you may only want a record that the parties agreed, and laws change. If in doubt, ask a lawyer where the document will be used.
What each law excludes
| Kind of document | Excluded in |
|---|---|
| Wills, codicils, testaments | India (IT Act 2000, First Schedule), United States (ESIGN § 7003, UETA), United Kingdom (Wills Act 1837), Singapore (ETA 2010), Canada (provincial acts), most Australian states |
| Powers of attorney | India, Singapore (except lasting powers of attorney), Canada (finances and personal care); many EU countries need a notary |
| Trust deeds | India (Indian Trusts Act trusts), Singapore (express trusts), US and Canada (testamentary trusts) |
| Sale or transfer of land and buildings | India (sale and conveyance of immovable property), Singapore; elsewhere a notarial deed or registry rules apply |
| Negotiable instruments (promissory notes, bills of exchange) | India (other than cheques), Singapore (outside electronic transferable records), United States (most of the UCC), Canada |
| Marriage, divorce, adoption | United States (family-law matters); everywhere, the court or registrar's own forms |
| Court documents and affidavits | United States (court orders and notices); affidavits and statutory declarations must be sworn before an authorised person |
| Foreclosure, eviction and utility shut-off notices, insurance cancellations | United States (ESIGN § 7003(b)) — these notices must be given on paper |
| Personal guarantees | Germany (BGB § 766) and some other EU countries |
| Ending an employment contract | Germany (BGB § 623) |
The United Arab Emirates' law (Federal Decree-Law 46 of 2021) has no list of its own, but real estate title, wills, marriage and divorce, and documents that must be notarised follow their own procedures.