ELECTRONIC SIGNATURE AND DIGITAL SIGNATURE IN MALAYSIA

What is an e-signature?

Under the Electronic Commerce Act 2006 (“ECA”), an e-signature is a signature adopted by a person in the form of any letter, character, symbol, number, sound or any of the combination which is created in an electronic form. An e-signature can replace a handwritten signature in virtually any process.

Different forms of e-signature: –

  • Bitmap Signature – Scanned images of handwritten signatures onto a document.
  • Digital Signature – A process that guarantee the authenticity of the electronic document via asymmetric cryptosystem (an algorithm or series of algorithms which provide a secure key pair).
  • Biometric Signature – Certified and verified signature via fingerprint, retina, iris or voice.

 

How is digital signature valid?

Yes. It is valid but the following conditions must be fulfilled:

  • The digital signature must be verified by reference to the public key listed in a valid certificate issued by a licensed certification authority;
  • The digital signature was affixed by the signer with the intention of signing the message; and
  • The recipient has no knowledge or notice that the signer has breached a duty as a subscriber and does not rightfully hold the private key used to affix the digital signature.

 

What is the implication of signing under the digital signature?

A message shall be as valid, enforceable and effective as if it had been written on paper if: –

  • It bears in its entirety a digital signature; and
  • That digital signature is verified by the public key listed in a certificate which was issued by a licensed certification authority and was valid at the time the digital signature was created.

 

What documents can be executed via e-signature?

Corporate documents and contract.

 

What documents cannot be executed electronically?

  • Powers of attorney
  • Wills and codicils
  • Trusts
  • Negotiable instruments

 

Which certification authorities in Malaysia has the license from MCMC to issue digital certificates under the DSA?

  • Pos Digicert Sdn Bhd (457608-K);
  • MSC Trustgate.Com Sdn Bhd (478231-X);
  • Telekom Applied Business Sdn Bhd (455343-U); and
  • Raffcomm Technologies Sdn Bhd (1000449-W).

Recent Post

DISTRIBUTION OF ASSETS – LEGAL RIGHTS OF CHILDREN BORN IN UNREGISTERED CUSTOMARY MARRIAGES TO INHERIT INTESTATE ESTATES

Born to parents in an unregistered Chinese customary marriage, an individual was deemed illegitimate following their father’s intestate death. The key legal issue is whether this individual can inherit under the Distribution Act 1958 (DA). The DA does not restrict inheritance to legitimate children only; it includes all bloodline descendants. Therefore, the individual qualifies as ‘issue’ and is entitled to inherit their father’s estate despite questions of legitimacy.

Read More »

FAMILY LAW – ANALYZING THE EFFICIENCY OF DIVORCE PROCEEDINGS IN CASES OF ADULTERY WITHOUT CLAIMS FOR DAMAGES

A husband filed for divorce due to living apart from his wife for two years, while the wife attributed the breakdown to adultery, involving the alleged adulteress without seeking damages. This raises questions about the necessity of addressing adultery in divorce when no compensation is sought, as Section 54 of the Law Reform (Marriage and Divorce) Act 1976 emphasizes irretrievable breakdown without fault.

Read More »

ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

In a legal spotlight, X’s acquisition of a cloned vehicle unknowingly, due to lapses in the Road Transport Department’s record-keeping, raises questions about statutory duties and public trust. The case underscores the importance of stringent vehicle registry maintenance to prevent ownership of unlawfully modified vehicles.

Read More »

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

The dismissal of X by Company ABC, citing economic downturns, presents a compelling case on the complexities of employment termination and retrenchment legality. X contested his redundancy, claiming his role in property management and services was unaffected by the property development market’s challenges. This case probes into the legitimacy of retrenchment under economic duress and the employer’s duty to act in good faith, as guided by Section 20(3) of the Industrial Relations Act 1967. The burden rests on Company ABC to prove the necessity and genuineness of X’s redundancy, with failure to do so possibly leading to a verdict of unjustified termination. This scenario underscores the critical importance of evidence and intention in retrenchment cases, as reflected in precedents like Akilan a/l Subramanian v. Prima Awam (M) Sdn Bhd.

Read More »

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

In the realm of Malaysian property transactions, the intricacies of Sale and Purchase Agreements (SPAs) and the enforcement of Liquidated Ascertained Damages (LAD) play pivotal roles in safeguarding the interests of both developers and purchasers. This article delves into the legal framework governing the rights and obligations of parties involved in property transactions, particularly focusing on the consequences of contractual breaches and the conditions under which a purchaser can exercise the right to offset against LAD. Through the examination of relevant case law and statutory provisions, we illuminate the legal pathways available for resolving disputes arising from the failure to adhere to the terms of SPAs, thereby offering insights into the equitable administration of justice in the context of Malaysian property law.

Read More »

WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)

In cases of compulsory winding up, the court would appoint a liquidator under s.478 of the Companies Act 2016 (“CA 2016”) to expeditiously recover and realise the assets of the wound-up company for the distribution of dividends to creditors and administer any outstanding matters involving………..

Read More »
en_USEnglish
× How can I help you?