Digital or electronic transactions are increasingly becoming the norm in today’s globalised world.

Digital platforms providing accessibility to e-signing services have seen exponential growth in the number of users and digital envelopes being used to facilitate wide-ranging personal and commercial transactions and other matters. 

In fact, the global e-signature market was valued at USD 2.8 billion in 2020 and is projected to reach over USD 14 billion by 2026, according to the Digital Signature Market report. In the United Kingdom, the UK-based provider of digital or electronic signature facilities Signable reported that its platform processed 7.5 million signers in 2023, and that they send over 400,000 document envelopes each month. 

As notaries, we play a vital role in facilitating the flow of domestic and international private and commercial transactions. While traditionally, notarial acts have been prepared in a paper-based fashion, the need for offering electronic notary services is now becoming increasingly essential.

In this article, we’ll explain what ‘electronic notarisation’ actually means and, to this end, we’ll provide answers to the following questions:

  • What are the main types of electronic signatures used in digital transactions and why are they important for electronic transactions?
  • What’s the difference between electronic notarisation and traditional, paper-based notarisation?
  • In what circumstances are electronic notarisations permitted and, conversely, not allowed?
  • What role does the UK Foreign, Commonwealth and Development Office (FCDO) play in facilitating electronic notarisations made in the United Kingdom?
  • What is the current status quo regarding electronic notarisations and international recognition (including embassy or consular uptake of this process)?

Finally, we’ll explore real-life case studies for a typical private and commercial electronic notarisation.

The meaning of Advanced Electronic and Qualified Electronic Signatures

There are, in fact, three types of electronic signatures that exist for the purposes of digitally signing documents. Choosing the right type of signature depends on the security requirements and legal context of your transaction. The options are:

1. Simple Electronic Signature (SES)

This is where a person electronically signs a document via an online digital signing platform but doesn’t carry any additional guarantees as to the identity of the person who electronically signs a document. In other words, a simple electronic signature doesn’t require strong signer authentication or identity verification. 

For transactions that can use this type of signature, it’s enough to know the signer’s email address, or that they received a unique access code before signing. This type of signature doesn’t require the creation of additional data to verify the signer’s ID. 

An example of a use for a simple electronic signature could be a day-to-day sales and procurement agreement or the creation of a simple form that needs signing. 

2. Advanced Electronic Signature (AES)

An AES includes additional user authentication steps. For example, a signer may be asked to produce and use a valid, government-issued document to confirm their identity or complete robust identity verification through biometric detection checks. It includes a unique access code after the signing process. 

Advanced signatures also require a digital certificate to be generated and attached to the envelope as part of this transaction, which helps ensure the integrity of the signed document and detect any tampering. The digital certificate contains a public key that allows recipients to verify the authenticity of the signature.

Because of these additional features, AES accomplish two very important things:

  • They reliably identify the signer; and
  • They establish a unique link between the signature and the signer.

3. A Qualified Electronic Signature (QES) 

A QES offers the highest level of assurance and trust through a face-to-face (or equivalent) ID verification process by a Qualified Trust Service Provider, which may be from either the UK or EU. 

A QES creates a digital certificate with an electronic signature device. This signature creation device ensures the integrity of the signature and protects the signer’s private key. Under UK and EU eIDAS (electronic Identification, Authentication and Trust Services) Regulations, a QES is legally equivalent to handwritten signatures. 

As notaries in England and Wales, we use this, the highest recognised form of electronic signature, to facilitate private and commercial transactions.

The purpose of this is to afford all recipients of our notarial acts the necessary assurance and reliability that we are who we say we are, and that what we have certified is true and correct.

Key differences between Advanced and Qualified Electronic Signatures

The primary difference is the level of trust and legal recognition. While AES provides strong authentication, QES requires verification by a certified authority and carries the highest legal validity. For notarial work, we exclusively use QES to ensure maximum assurance and international acceptance.

How Advanced and Qualified Electronic Signatures comply with eIDAS Regulations

In the UK, advanced electronic signatures (AES) and qualified electronic signatures (QES) comply with standards established under the eIDAS Regulation, which ensures cross-border recognition of electronic signatures across Europe. While the UK has adopted its own framework post-Brexit, UK Trust Service Providers continue to issue QES that meet eIDAS standards, ensuring international acceptance. QES issued by UK or EU Qualified Trust Service Providers carry the highest legal validity and are recognised equivalently to handwritten signatures across participating jurisdictions.

Legal validity of Advanced vs Qualified Electronic Signatures in the UK

Under UK law (Electronic Communications Act 2000 and Electronic Signatures Regulations 2002), both AES and QES are legally binding for most transactions. However, QES holds the highest legal standing. It can’t be denied legal effect solely because it’s electronic. This makes QES particularly valuable for high-stakes transactions requiring notarisation, as courts recognise it as equivalent to a handwritten signature with superior authentication.

What’s the difference between electronic notarisation and traditional, paper-based notarisation?

The factors that distinguish an electronic notarisation from a paper-based notarisation include:

  • Convenience: Electronic notarisations invariably mean that private and commercial clients can have their documents or transactions notarised without the requirement of an in-person attendance at a notary’s office.
  • Permanency: Unlike paper-based documents, which may succumb to wear-and-tear over time, electronic notarised documents can be stored indefinitely since they’re in a digital format.
  • Portability and accessibility: Electronic notarisations can be stored in a portable format and can be accessed at any time on electronic devices such as mobile phones, laptops or computers.

In what circumstances are electronic notarisations permitted or not permitted?

As notaries, our notarised documents are used worldwide. Given the international nature of notarial work, it’s always important to find out from the end recipient(s) of the electronic notarial act(s) whether they accept electronic notarisations as opposed to paper-based notarisations.

For example, given the paperless aspect of electronic notarisations, certain jurisdictions may insist on the notarial act being paper-based and in a printable form.

On the other hand, an increasing number of countries have now fully (or partially) embraced electronic notarisations, including (amongst others): Spain (and certain other countries in continental Europe), as well as some parts of Latin America and North America.

One important aspect when considering whether electronic notarisation is an appropriate and permitted course of action is whether the electronic notarised documents would require any additional form of attestation, such as through legalisation or consularisation with a country’s embassy or consular presence in the United Kingdom.

The reason for this is that (at present) such embassies or consulates require documents to be paper-based in nature. In this instance, electronic notarisation wouldn’t be a valid or appropriate option to ensure the notarised document(s) receive recognition in the country of destination or usage.

Translators, who are completing translations after notarisation has been completed, will often need to print the document and will require paper-based notarisation rather than electronic notarisation.

Some documents needing an apostille can’t be e-notarised. These include: 

For these documents, paper-based notarisation and apostille is required.

Lastly, and from an English law standpoint, certain types of documents may not be witnessed remotely. However, that doesn’t strictly prohibit them from being notarised electronically.

Guidance on remote notarisation produced to notaries practising in England and Wales by the Faculty Office of the Archbishop of Canterbury, responsible for overseeing notarial work, provides that:

“Nothing in this guidance is intended to affect or alter any requirement of law that 

(a) a deponent to an oath or affidavit or a declarant to a statutory declaration should be physically present with the notary when the oath or affidavit is sworn or the declaration made

(b) a witness be physically present with the maker of a deed, will or other instrument.”

So, at least under English law, certain documents will require the physical presence of the signatory before the notary. Once the signer has signed in person, the notary may then countersign the document using either a wet-ink pen, or an electronic signature.

While other jurisdictions, such as Singapore, changed their laws to permit remote and electronic notarisations of affidavits and statutory declarations by passing the Oaths, Declarations and Notarisations (Remote Methods) Act of 2023, for now, in England and Wales, physically attendance is still required.

What role does the FCDO play in facilitating electronic notarisations in the UK?

When notaries perform electronic notarisations for use in international jurisdictions, recipients in those jurisdictions have a legitimate interest to know that the person purporting to be a notary is, in fact, a notary.

For countries that are members of the Hague Convention, notarised documents (both paper-based and e-notarised) can be submitted to the United Kingdom Foreign Commonwealth and Development Office for an additional certification known as an ‘apostille’.

The apostille issued by the FCDO will confirm – amongst other things – that the officer signing or e-signing the subject document(s) is a notary public, and that their signature and seal of office appear on the notarised or e-notarised documents.

What is an electronic notary?

An electronic notary (or e-notary) is a qualified notary public authorised to perform notarial acts using digital tools and qualified electronic signatures rather than traditional paper and ink. 

In the UK, electronic notaries use secure video conferencing and digital certification to verify identities, witness signatures remotely and issue legally valid notarised documents in electronic format. Electronic notary services enable clients to have documents notarised without in-person attendance, making the process faster and more accessible for international transactions.

Electronic notarisations: Case studies

Case study 1: Private client notarisation

Mr Bloggs has recently been accepted into a prestigious university in Spain to undertake a PhD in philosophy, his lifelong dream.

However, before Mr Bloggs can register for the PhD, the Spanish Ministry of Education have requested that his various university degrees be electronically notarised and apostilled.

The notary’s first task, in this case, is to ascertain that Mr Bloggs’ degrees are genuine and authentically issued by the respective university(ies).

To do so, the notary requests that Mr Bloggs send his original degree certificates, so that these can be notarised as true copies by the notary. At the same time, the notary has also contacted the university(ies) and received adequate assurance in writing that the degrees were genuinely awarded to Mr Bloggs.

The notary then proceeds to electronically notarise a true copy of Mr Bloggs’ degree and, thereafter, obtains electronic apostilles for both documents from the FCDO.

In this case, the client didn’t need to personally attend the notary with his degree certificates and yet the notary could complete the electronic notarisation, ensuring Mr Bloggs’ needs were met and he could start his new chapter as a PhD student abroad.

Case study 2: Commercial client notarisation

Widgets Manufacturing LTD is a long-standing manufacturer of different types of widgets, which it produces in the millions and exports worldwide.

Being a sizeable company that’s jointly owned as a joint venture vehicle by French and UK shareholders, Widgets Manufacturing LTD has no less than 10 members on its board of directors, which comprises a mixture of executive and non-executive directors.

The board of directors of Widgets Manufacturing LTD held a meeting on 25 October 2025 and resolved to incorporate a new, wholly-owned subsidiary in Argentina based on the promising market and customer opportunities.

As part of the incorporation process, legal counsel in Argentina has requested that all board members of Widgets Manufacturing LTD electronically sign a number of application documents for incorporation.

Given that the 10 directors of Widgets Manufacturing LTD are based throughout the world on business trips, it’s not convenient or practical for a single meeting to take place in which the notary can meet all 10 directors in person, as well as legally witness their signing of the incorporation documentation.

As such, the notary has chosen to instead schedule 10 separate remote meetings with all 10 directors to verify their identity online (and use appropriate software, where necessary, to be assured as to the identity of each director as well as their identity during the meetings). The notary thereby arranges for each director to electronically sign the documents remotely but in the presence of the notary via videoconference. The notary will then electronically notarise the documents, and they’re sent to Argentina via email. 

Conclusion

In an increasingly digital age, electronic notarisations provide a useful and convenient means of facilitating global trade and commerce worldwide.

While electronic notarisations are not, at the time of publication, universally accepted, there is an increasing trend in this direction such that it is likely, in time, that electronic notarisations will be the status quo in lieu of paper-based notarisations.

For electronic notary services for UK document signing, contact us by emailing info@notary.co.uk or calling us on 020 7630 1777. We’re always pleased to be of assistance. 

FAQs

  • What is the main difference between AES and QES? 

The primary difference is the level of trust and legal recognition. AES provides strong authentication through additional verification steps, while QES requires face-to-face verification by a Qualified Trust Service Provider and carries the highest legal validity, being legally equivalent to handwritten signatures under UK and EU eIDAS Regulations.

  • What is an electronic notary? 

An electronic notary (e-notary) is a qualified notary public authorised to perform notarial acts using digital tools and qualified electronic signatures. They use secure video conferencing and digital certification to verify identities, witness signatures remotely and issue legally valid notarised documents in electronic format.

  • Are electronic signatures legally valid in the UK? 

Yes. Under UK law (Electronic Communications Act 2000 and Electronic Signatures Regulations 2002), both AES and QES are legally binding for most transactions. However, QES holds the highest legal standing and can’t be denied legal effect solely because it’s electronic.

  • What documents can’t be electronically notarised in the UK? 

Under English law, certain government issued documents, such as General Register Office certificates (birth, death and marriage) and police criminal checks (ACRO and DBS certificates), can’t be electronically notarised and won’t be accepted for e-apostilles.

  • Do all countries accept electronic notarisations? 

No, not universally. While an increasing number of countries have embraced electronic notarisations (including Spain, parts of continental Europe, Latin America and North America), some jurisdictions still require paper-based notarial acts. Always check with the end recipient whether they accept electronic notarisations before proceeding.