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E-Signatures

In our fast-moving digital world, electronic signatures (“e-signatures”) have become a convenient, expeditious and cost-efficient tool that can provide a tremendous competitive advantage for smart entrepreneurs!
The e-signature approach serves to accelerate the signing of key business documents such as sales contracts, commercial transactions and funding agreements, to name a few.  It can also be used for real estate transactions such as agreements of purchase and sale that create or transfer an interest in land - provided that the technology used has been proven as secure and effective.


E-Signatures - Part 1

In our fast-moving digital world, electronic signatures (“e-signatures”) have become a convenient, expeditious and cost-efficient tool that can provide a tremendous competitive advantage for smart entrepreneurs!
The e-signature approach serves to accelerate the signing of key business documents such as sales contracts, commercial transactions and funding agreements, to name a few.  It can also be used for real estate transactions such as agreements of purchase and sale that create or transfer an interest in land - provided that the technology used has been proven as secure and effective.
E-signatures are legally binding
Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) defines an E-signature as “one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document”. Based on this definition, electronic signatures do not have to look like handwritten signatures, but they can. As an ex…

E-Signatures - Part 2

In our fast-moving digital world, electronic signatures (“e-signatures”) have become a convenient, expeditious and cost-efficient tool that can provide a tremendous competitive advantage for smart entrepreneurs!
The e-signature approach serves to accelerate the signing of key business documents such as sales contracts, commercial transactions and funding agreements, to name a few.  It can also be used for real estate transactions such as agreements of purchase and sale that create or transfer an interest in land - provided that the technology used has been proven as secure and effective.
Users’ consent and authorization are still required

Explicit consent and authorization will facilitate the gathering of evidence, confirm the intention of both parties to create a legal obligation and provide some protection against potential fraud and misrepresentation.
The Act does not require that a person automatically accepts the use of e-signatures; prior consent to use any method of e-signature or …

E-Signatures - Part 3

In our fast-moving digital world, electronic signatures (“e-signatures”) have become a convenient, expeditious and cost-efficient tool that can provide a tremendous competitive advantage for smart entrepreneurs!

The e-signature approach serves to accelerate the signing of key business documents such as sales contracts, commercial transactions and funding agreements, to name a few.  It can also be used for real estate transactions such as agreements of purchase and sale that create or transfer an interest in land - provided that the technology used has been proven as secure and effective.
Certain exceptions, key protections and trade-offs when using e-signatures
Certain legal documents are specifically excluded in the Act and continue to require a handwritten signature, including wills and codicils; trusts created by wills or codicils; powers of attorney with respect to an individual’s financial affairs or personal care; and negotiable instruments such as promissory notes.  It is also goo…

Incoterms

Common Incoterms Many commercial agreements use Incoterms in their contracts in order to create mutual confidence and legal certainty within the contract. Incoterms is a trademarked term, owned by the International Chamber of Commerce, that is used to express rules regarding the use of acronyms and what they stand for within commercial contracts for the sale of goods worldwide. The word represents International Commerce terms. 
The first set of Incoterms was published in 1936 and the eighth and most recent set was updated in 2010. There’s some mention of the next set being published in 2020 but until then Incoterms 2010 will regulate the use of acronyms in commercial contracts for the sale of goods internationally. Incoterms have become essential for creating legal certainty within commercial contracts as it provides rules and guidance for importers, exporters, lawyers, transporters, and insurers.
What are the Incoterms rules? Incoterms are a series of three-letter acronyms that are rela…

Entrepreneurial Marathon

10 Reasons Your Business Could Need General Counsel

Here are 10 reasons why your business would need general counsel.  A rapid increase in sales volume, new markets, broader geographic operations or complexity of commercial transactions and/or contractual negotiations.Your company is experiencing a rapid increase in personnel and needs to update its employment and contractor agreements, compensation packages and internal policies.One or more of your executives is overburdened because he or she is spending too much time managing legal issues and not enough time on their primary responsibilities.Your company does not have a streamlined method for analyzing and prioritizing the company’s legal risks based on the current state of the law and may be exposed to risks which are not within the knowledge or experience of the executive team.Your company is engaged in multiple financings and has a number of arm’s length investors who expect good governance practices including a comprehensive and company-specific plan to address major areas of lega…