The absence of a counter-clause does not in itself invalidate any agreement that the parties execute through separate counterparties. However, a counter-clause may help prevent a party from arguing that an agreement is not binding because there is not a copy signed by all parties or because they did not know that they are entering into a binding contract by signing an agreement that was not signed by the other parties. If you sign a private contract between two parties, you can agree on the types of acceptable signatures. Make this contract in writing so that you can bring it to justice if necessary. If your contract or agreement is to be registered with a court, you will probably need to have original signed documents as consideration. Different jurisdictions have addresses in which an email can be used as a binding contract. In short, an email may be a handwriting capable of being a contract if signed by the party, or someone who has the right to engage the party and who contains the terms of the contract. Of course, the signature required on the email must be a valid electronic signature. As a general rule, a counter-clause would be: “This agreement can be executed in any number of counterparties, each, when executed and delivered, represents an original double, but all the considerations combined constitute a single agreement.” The counterparty clause states that the parties are not obliged to sign the same copy of an agreement and that all copies may be treated as original for evidence. Some clauses provide that the agreement is effective only when one of the parties complies with the agreement it has signed. Counterparty clauses are often used when the parties to an agreement execute separate copies of the agreement.
They are mainly used: the clause allows the execution of the agreement in several identical copies, so that the parties can sign the document at different locations. However, it requires that the documents be identical; and the execution of a signature page does not constitute an agreement between the parties. If you are wondering about the legality of an electronic signature in a particular contract, look first at the contract and the counterparty clause. If you are still unsure, speak to a lawyer. Counter-parties are generally used when contract signatories are in different locations and contracts should include clauses allowing the use of intercom points. This clause generally states that each correspondence, signed, “must be considered original” and that all the considerations combined are a document. The E-Sign Act 2000 authorizes the use of electronic registrations in consumer contracts as long as the consumer has “agreed yes” to its use. It says that any law that has a signature obligation can be met by an electronic signature and that electronic agreements can be presented in evidence in court.