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Technology guide

Electronic signatures in a family office

Updated: · Leutrim Miftaraj, FLIORE · Editorial standards · Other languages: Deutsch · Français · Español

Short answer

Electronic signatures considerably speed up resolutions, contracts and bank forms in a family office. Only the qualified electronic signature is equivalent to a handwritten one: in Switzerland under ZertES and Art. 14 para. 2bis of the Code of Obligations, in the EU under the eIDAS Regulation. For many documents a simple or advanced signature is sufficient; wills, contracts of succession and real estate transactions have their own formal requirements.

Three levels

Levels of electronic signature
LevelCharacteristicEvidential valueTypical use
SimpleName, click, scanned signatureFreely assessedInternal approvals, confirmations
AdvancedUniquely linked to the signatory, changes detectableHigherContracts without formal requirements
QualifiedQualified certificate from a recognised provider, identity verifiedEquivalent to a handwritten signatureWritten form, bank forms, resolutions

Where the limits lie

  • Holographic wills must be handwritten and signed (Art. 505 Swiss Civil Code, section 2247 German Civil Code).
  • Contracts of succession, real estate purchases and many company-law acts require public notarisation.
  • Some banks still require a paper signature for certain forms or accept only certain signature providers.
  • Powers of attorney towards authorities can have their own formal requirements.

Introducing it in practice

  1. Classify document types by the form required: free, written form, notarisation required.
  2. Choose a provider that issues qualified signatures for Switzerland and the EU.
  3. Have family members and officers identified once.
  4. Adapt templates for foundation board and board of directors resolutions to electronic signing.
  5. Store signed documents unalterably together with their validation report.

Benefits for governing bodies

Circular resolutions of a foundation board, board of directors or advisory board can be obtained in days rather than weeks with electronic signatures – especially when members live in different countries. The prerequisite is that the articles and organisational regulations permit circular resolutions and that the chosen form of signature meets the requirements.

In FLIORE

FLIORE stores signed documents encrypted and with versions in the document vault, assigns them to mandates and records every access and change in the audit trail. The signing itself runs through the chosen signature provider.

At a glance

Equivalent to handwritingOnly the qualified electronic signature
SwitzerlandZertES, Art. 14 para. 2bis Code of Obligations
EUeIDAS Regulation (EU) No 910/2014, Art. 25
Not suitable forHolographic wills, transactions requiring notarisation

Terms on this page

Audit trail
An unalterable log that records who created, changed, approved or deleted which data and when.
Qualified electronic signature
An electronic signature based on a qualified certificate from a recognised provider, which has the same legal effect as a handwritten signature.

Frequently asked questions

Is a scanned signature an electronic signature?

Legally, it is a simple electronic signature with little evidential value. It is not sufficient for documents that require written form.

Is a Swiss qualified signature recognised in Germany?

Not automatically, because there is no recognition agreement. For documents under German law, a qualified signature under eIDAS should be used.

Can foundation board resolutions be signed electronically?

Yes, if the articles and regulations permit circular resolutions and no special form is prescribed. Filings with the commercial register have their own requirements.

How long does an electronic signature remain valid?

The signature remains valid, but certificates expire. For long-term evidential value, documents should be archived with a time stamp and validation report.

Sources

This page provides orientation and does not replace legal or tax advice. The cited legal sources in their applicable version are authoritative.

Read more

Operations guideManaging powers of attorney: bank mandates, general powers, deadlinesSecurity guideAudit trail: why every change must be traceableRoleAn advisory board for the family office: counsel from outsideGovernance guideFamily council and family assembly: the family's governing bodies

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