Deed of Variation + Electronic Signatures

We are needing to get a Deed of Variation signed by freeholders, they live abroad (New Zealand) and due to restricted timescales, we want to do this electronically.

Have looked at practice guidelines 82, but still confused(!).  

We want to use DocuSign and believe this to be the process:
- the new plans (drawings) needs to be DocuSigned by each freeholder
- each freeholder needs to DocuSign at end of document with a witness signature (DocuSign)
- we need to use a One Time Passcode for each signatory
- we need to produce signature certificates for each signatory

Wanting to check all the above is correct, am I missing anything? We are worried that if anything’s missing, the forms can’t be lodged by the other side at completion and we will be in breach of contract. 

Lottie - that all appears to be correct but you should be relying on the other parties/conveyancer here to ascertain and meet their requirements.
PG 82 section 2.2 sets out the Steps to be taken as we see them whilst section 3.1 references the OTP code which should be used/kept as part of any audit trail.

Hi, many thanks for the above. 

we would be using DocuSign vs mercury approach here, which we believe to be acceptable. 

2.2 appears to relate to mercury approach, it also talks about: ‘The first requirement is that all the parties to the disposition or other dealing, including any parties who are not signing, are represented by a conveyancer’

The other two freeholders weren’t necessarily going to be represented by a conveyancer, they just need to  sign the deed of variation in the relevant parts. If this is via DocuSign, then not sure I understand why a conveyancer is needed here?  Perhaps that makes more sense when it is mercury approach and conveyancer is the witness to certify that signature taking place but DocuSign allows a very secure audit trail of the original document being signed by the ‘right’ person.

Sorry, still confused 🫤 

Sorry, just to add that each freeholder has undertaken an ID5 with a solicitor to confirm their identity, so maybe that’s the ‘conveyancer representing’ aspect?

Lottie - conveyancers need to give a certificate as per the guidance given - see Background 3.1 
If the deed of variation is in effect a surrender and regrant (so treated as a new lease) then identity requirements also exist as you state

Hiya, certificate and audit of the signatures is easy to get by DocuSign for each signature.

the deed of variation is an amendment to our lease (we are leaseholder and freeholder), so it will be read in conjunction with the original lease (1988) and other amendments (2007 and 2015). We are also in the process of selling our property, so TR1 leasehold and freehold documents have been sought and the ID5’s have been done in respect of these also. So sounds like the ID5 will also be relevant and needed for DoV.

As far as I can see there isn’t a step by step process in PG 82 In relation to using a platform such as docusign (unlike the mercury approach step by step guide)?

Lottie - that maybe where the confusion is coming from as Mercury is the name used here re 'Mercury signing'.
DocuSign is one way of then actually signing something electronically. They aren't different versions of the same thing.
I'd suggest talking it through with the conveyancer involved on the other side of the process to confirm their own requirements also

We will liaise with both conveyancers. I think that is the confusion re. Mercury approach as that is different to an electronic signature platform, you wouldn’t print and sign the document and then upload a pic of this, DocuSign as a platform would allow you to sign it electronically and then it gets sent back to the sender, so there’s no printing and uploading as such, so it is really different...  unfortunately the PG82 does not speak more explicitly to the platforms one can use and the steps involved in this. 

Lottie - PG 62 offers guidance on how to provide electronic signatures and conveyancer certificates as appropriate. There are a number of options re how that electronic signature is made/provided and our guidance wouldn't seek to extend to covering all available platforms. 
If an electronic signature is being used then you need to ensure that whichever platform helps create that for you then enables the next steps and application to proceed. We don;t control the 'market' re electronic signatures but we can control what evidence we need from the applicant/conveyancer to confirm how it has been done and to trust that it is legitimate