Common use of E-Signatures Clause in Contracts

E-Signatures. Another post-COVID phenomenon is that more and more investors are executing their subscription agreements electronically. E-signatures are becoming generally accepted, but diligence attorneys run into issues when investors use e-signature platforms that omit the typical information required to confirm enforceability (i.e., a date and signature). Platforms like DocuSign are usually non-problematic, as the program typically populates a signature with the date provided next to it, or there is a separate signature certification page at the end of the document stating when and by whom it was signed. However, some e-signature platforms do not include a signature or date – they may just state “e-Signed by [Investor Name].” In cases like these, we can typically get comfortable if there is a separate certification page providing the signature date. If no such page is included, the