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SMSFs and Digital Signatures

SMSFs and Digital Signatures

by Alicia Thomson

Many of us are in some form of lockdown and it can be difficult to get documents physically signed at this time. For those of us in Victoria, New South Wales and Queensland, the Government have temporarily amended the requirements set out in section 127(1) of the Corporations Act to provide clarity that the execution of company documents can be in electronic form and signed electronically by company officers.

These temporary measures expire after:

There are slight variations between states for electronic execution and witnessing and you need to ensure you correctly follow the requirements for your state. Broadly these requirements include:

Of course, it is still recommended that where possible, documents are executed on paper to avoid any potential problems.

The electronic signing of annual minutes, tax returns and financials has been permitted by the Australian Government for a number of years. The ATO does not require the electronic signature look like the signee’s actual signature. As long as the following conditions are met, the signature will be valid if:

Please contact us if you need the specific requirements that apply for NSW, Qld and Vic.

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