What requirements must be met for an electronic signature to be valid on a commercial lease in Australia?

For validity, the electronic signature must reliably identify the signer and indicate their approval of the information in the lease. Common methods include typed names, digital certificates, or platform-based signatures. Parties should ensure the lease document is complete and unaltered, and retain audit trails for evidentiary purposes.

Are there any exceptions where electronic signatures may not be suitable for Australian commercial leases?

While broadly accepted, exceptions may apply if the lease requires witnessing (e.g., for certain guarantees) or if state-specific laws mandate physical signatures. In such cases, hybrid approaches combining electronic and traditional methods may be necessary. Consult legal advice to confirm applicability for specific scenarios.

Are electronic signatures valid for Australian commercial lease agreements?

Shunfang

2026-02-27

3min

FAQs

Yes, electronic signatures are generally legally valid for Australian commercial lease agreements. Under the Electronic Transactions Act 1999 (Cth) and equivalent state and territory legislation, electronic signatures are recognized as equivalent to wet-ink signatures for most contracts, including commercial leases, provided they demonstrate the signer's intent and identity.

Shunfang

Head of Product Management at eSignGlobal, a seasoned leader with extensive international experience in the e-signature industry. Follow me on LinkedIn

Get legally-binding eSignatures now!

30 days free fully feature trial

Business Email

Get Started

Only business email allowed