This memo provides clarification on the witness signature process for client signatures on documents and the use of our electronic consent (E-Signature) tool.
Witness roles and responsibilities
A witness, typically the Representative or another individual, certifies that they have observed the client signing the document, whether it is a wet or electronic signature. This witnessing can occur in person or via a video conference call. The witness’s role is crucial, as their responsibility may be questioned if fraud is suspected, and it is found that the witness was not present during the signing.
Signature dating requirements
It is essential that the client’s and the witness’s signatures are dated on the same day, regardless of the signing method. Where both the client and witness use our e-consent tool, the witness signature must be within an hour of the client’s signature. In cases involving multiple clients, such as joint clients or spouses, their signature dates may differ, but the witness’s signature date must always match the date of the client signature they witnessed.
Example scenarios