docusign signature audit trail

Author
Discussion

eeLee

799 posts

83 months

Blown2CV said:
not the case. Party B have decided to use docusign, but party A haven't necessarily. They could have just sent their contract to Joe Bloke at party A, he signs and returns, and no one else has to know about it or even have a docusign license or account.
So it's simple, Party A did not authorise the use of DocuSign to form a contract.

Forget the licencing, it would be that Party B pays per Envelope. There is no user licencing in DocuSign, it's on an Envelope volume.

vaud

51,112 posts

158 months

Blown2CV said:
i know, and I wasn't asked to formulate a position on whether docusign is reliable
Can you clarify exactly what you are being asked to do?

Prohibiting

1,746 posts

121 months

Whoever created the DocuSign envelop and sent it to Party A and Party B for signing via email will be able to view the audit log/trail.

And whoever signed it will receive a copy of the document via email once fully completed.

Blown2CV

Original Poster:

29,271 posts

206 months

Tuesday
quotequote all
eeLee said:
Blown2CV said:
not the case. Party B have decided to use docusign, but party A haven't necessarily. They could have just sent their contract to Joe Bloke at party A, he signs and returns, and no one else has to know about it or even have a docusign license or account.
So it's simple, Party A did not authorise the use of DocuSign to form a contract.

Forget the licencing, it would be that Party B pays per Envelope. There is no user licencing in DocuSign, it's on an Envelope volume.
does it matter if party A were not OK with it, if someone from party A signed it anyway?

Blown2CV

Original Poster:

29,271 posts

206 months

Tuesday
quotequote all
Prohibiting said:
Whoever created the DocuSign envelop and sent it to Party A and Party B for signing via email will be able to view the audit log/trail.

And whoever signed it will receive a copy of the document via email once fully completed.
yes but that means going to party B to ask for a copy of the contract, which is a bit embarrassing.

eeLee

799 posts

83 months

Tuesday
quotequote all
Blown2CV said:
does it matter if party A were not OK with it, if someone from party A signed it anyway?
If Party A was not OK with it, does Person X have sole signatory rights? Because it appears that they signed it in DocuSign.

It's really not a technical question; it's down to whether Party A has accepted the use of DocuSign and what scope has been agreed. Until that's clear, nothing technical matters. It's contractual law that is in question.

It's also usual that an officer of the company is defined as having sole signatory rights, collective or none. This will also matter for the "dispute", should any result.

The issuer of the Envelope will see who signed what when. The minimum bar could be how trustworthy a signature might be when driven by email links but that really isn't where I would be looking.

Blown2CV

Original Poster:

29,271 posts

206 months

Tuesday
quotequote all
OK thanks for the info