According to the Administration, the existing signature verification software does not accurately account for changes in the signature of beneficiaries over time by older persons.

(a) Amending paragraph 3 (a) of article 9 of the draft Convention (A CN.9 577) to recognize that electronic signatures are sometimes required by law only for the purpose of identifying the person signing ( the signor ) and associating the information with the signor, but not necessarily to indicate the signor's approval of the information contained in the electronic communication and

It stated that, in light of modern means of communication, unsigned writings play an important role and signature requirements were becoming less important.

Definition of electronic signature

The phrase A method is used to identify the party and to associate that party with the information contained in the electronic communication represents the minimum functional requirements of any signature, handwritten or electronic.

In order to establish the signature's function of linking the signor with the signed document, the context of the signing will always have to be demonstrated, whether the signature is on paper or electronic.

The Board considered that this method of judgemental verification of signatures without the use of either trained staff or the required forensic machine cannot be said to be the most reliable and effective method of determining the validity of signatures, particularly where signatures tend to change with age.

Signature Signature

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_______________________ Signature of person attesting

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A. Decisions For the discussion, see chap. V below.

Paragraph 3 (a) provides that only an electronic signature that fulfils both the function of identification of the party as well as the function of indicating that party's approval of the information contained in the electronic communication meets that legal requirement of a signature in relation to an electronic communication.

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Ambassador Raph Uwechue

of the Russian Federation of Tajikistan to the of Uzbekistan to the to the United Nations United Nations United Nations English Page

Deputy Permanent Representative of Canada to the United Nations

(Signed) P. Chkheidze Permanent Representative of Georgia to the United Nations

(i) The method used to identify the signatory

It is not the form of the signature, but the proven link between the signature and the purported signor based on the context, that gives the signature its legal effect.

(Signed) A. Lukashenko President of the Republic of Belarus Annex III

(Signed) R. Alimov

Controller Director United Nations Acting High

Paragraph 3 (a) of article 9 lays down general criteria for functional equivalence between handwritten signatures and electronic signatures.

The party relying on a signature, whether handwritten or electronic, takes the risk that the signature is not valid or that it is a forgery.

That court stated that, in the light of modern means of communication, unsigned writings play an increasingly important role and signature requirements are becoming less important and, in particular cases, specific conduct might, by virtue of the rules of good faith, substitute the form requirement.

V. Putin President of the People's President of the Republic of China Russian Federation

Permanent Representative of Georgia to the United Nations (Signed) Ion Gorita

(Signed) Timothy Wirth President Annex II

(Signed) SHEN Guofang (Signed) Sergey LAVROV Ambassador Ambassador

of the Russian Federation to the United Nations A 53 770

This phrase provides that electronic signatures that only fulfil these minimum functions will satisfy the requirement of law for signatures.

Vienna

Signatures

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(Unofficial translation)

GE.97 11936 (E)

(Signed)

(Signed) Mr. Ivo ŠRÁMEK (Signed) Mr. Jorgen B JER

(Signed) Mrs. Marjatta RASI (Signed) M. Alain DEJAMMET