Electronic Signatures: Implementation Considerations for Fund Managers (Part Two of Two)

Given their efficiency, electronic signatures (e‑signatures) are becoming more prevalent in financial transactions, particularly in light of the volume of documents and contracts involved. Nevertheless, understanding when and how they work in the contracting process and navigating the variety of available technologies remain perplexing to many fund managers and others in the financial services industry. This second installation of our two-part series on e‑signatures offers practical advice from lawyers and technical consultants on how a fund manager can implement a compliant e‑signatures program, as well as vet and engage vendors that provide these services. In the first article, K&L Gates attorneys discussed the legal landscape for e‑signatures; the differences between an e‑signature and a digital one; and the legal risks associated with the adoption of e‑signatures. See also our three-part series on electronic communications: “SEC Takes Steps to Drill Down on Electronic Communications” (Nov. 30, 2017); “Information Request List Provides Insight Into SEC Expectations on the Use of Electronic Communications by Advisers and Employees” (Dec. 7, 2017); and “Six Key Issues to Address in Electronic Communication Policies and Guidance on Preparing for Future Scrutiny of Electronic Messaging” (Dec. 14, 2017).

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