The primary legislation on electronic signatures in China (not including Hong Kong, Macau and Taiwan) is the Electronic Signature Law. Since then, the country has seen the facilitation the use of electronic signatures, especially in online commercial business. The Chinese Government has made great progress in promoting e-government services, which in turn have led to the increase in the use of electronic signatures in entities’ dealings with government departments.

Key Conditions:

Consistent with the E-Signature Law, “reliable” electronic signatures have identical legal validity as handwritten signatures or stamps. Under Article 13 of the E-Signature Law, electronic signatures are considered reliable –

Use cases of electronic signatures in China:

The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This “new normal” has concentrated more attention on electronic means of transactions. The “new normal” in the age of Covid-19 proceeds to facilitate the use of eSignatures.

Documents that cannot be e-signed in China:

DISCLAIMER

Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly and Certinal makes every reasonable effort to keep the content of this article current, hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance; you must seek independent legal advice.
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