Electronic signatures that hold up
An electronic signature counts as a signature in Australia when the method identifies the person, shows they meant to sign, is reliable enough for the purpose, and the other party agrees to it (Electronic Transactions Act 1999 (Cth), section 10, and the matching state and territory Acts). Here is how squiggli does each.
How squiggli meets the Act
Identifying the signer
Every signer gets their own signing link, emailed to them or handed over by the sender. Senders can add an access code that the signer must enter before they see anything, given to them by phone, SMS or in person. Five wrong codes lock the link for 15 minutes. squiggli records the IP address and device for every open and every signature.
Showing they meant to sign
The signer has to open the document before they can sign it. Before signing they tick an agreement to sign electronically, then confirm a statement that they adopt their signature and intend to be bound. The exact wording and its version are stored with the signature and printed on the certificate.
Reliable and tamper-evident
Each document's SHA-256 hash is taken when it is sent and checked again at every signature. If a file has changed, nobody can sign it. When the last person signs, squiggli makes the signed PDF and a completion certificate: who signed, how they were identified, when, from which IP address and device, and every event in order. Anyone can check a signed PDF on the verify page.
Consent to deal electronically
Senders agree to electronic signing by sending through squiggli. Signers agree before they sign, and can withdraw by declining instead. They can ask the sender for a paper copy, and download the signed document for their records.
Keeping the records
Sent documents, signatures, certificates and audit trails can't be deleted through squiggli and are kept while the account is open. Download them any time from the app or the API, so they stay readable and complete wherever you store them.
Documents that may need more
Some documents can't be signed electronically, or need extra steps such as a witness, depending on the state or territory and the law that applies. Check before you send:
- Wills and codicils.
- Powers of attorney, enduring guardianship and advance care directives.
- Deeds and other documents that must be witnessed, where the state's witnessing rules apply.
- Statutory declarations and affidavits that must be made before an authorised witness.
- Land title documents lodged with a titles office, which usually go through an electronic lodgement network.
- Documents a law says must be on paper, served in person, or signed in a particular way.
Companies can sign documents electronically under section 127 of the Corporations Act 2001 (Cth), and squiggli supports one or two officers signing in order.
This page explains how squiggli works. It isn't legal advice: if you're not sure a document can be signed electronically, ask a lawyer.