But even if my reservations about execution and delivery are justified, the fact is that, to reformulate the contracts, with one exception, I will leave the execution and delivery fairly well. There is no need to fight a lost battle. I never liked the phrase execute and deliver, so this weekend I took the opportunity to reconsider it. My conclusions are quite modest. Here they are, if anyone`s interested. In the absence of requirements (contractual or legal), deeds can be performed by electronic signatures. It should be noted, however, that deeds filed with the land registry cannot be signed electronically. A “against” clause is usually added to the part of the contract that allows the contract to be executed in separate considerations that together prove the same contract and that the delivery of an equivalent signed by PDF or e-mail is as effective as delivering a counter-part of the contract executed manually. As a general rule, the law requires that deeds be signed in the presence of a witness. If the contract is executed electronically, the witness can also confirm the electronic signature by an electronic signature. However, in order for an act to be effectively attested, the witness must be physically present with the signatory at the time of the signing of the facts and not be witnessed in any other way. B, for example via a video link. The exception? In the final clause, I use the signature instead of having executed and delivered.
See MSCD 5.5-10. The meaning of execution is quite simple: a contract has been executed if it was signed on behalf of the party by someone empowered to act on behalf of the party. See Glazer and Fitzgibbon on Legal Opinions 9.4 (2d. Under English law, physical signatures of a contract must not be made in a specified form to be valid. The courts have recognized a number of types of valid signatures, including the mere signing of an agreement with an “X,” with initials and even a clear description of the signatory, such as “your loving father.” Because of these small formalities, the courts have decided that simply entering a name at the end of an email or clicking a “I accept” button on a website is like valid signatures. This term execute and deliver (and its execution and delivery in return) is a standard feature of English-language contracts. As in the following commitment: the borrower executes from time to time all financing returns and other documents requested by the bank and forwards them to the bank. And as in the following presentation: This agreement and the new Warrants were properly executed and delivered by the company.