Electronic Signatures: ASIC’s Digital Shift – What It Means for You

Historically, ASIC did not permit electronic signatures on a number of its forms. However, this changed from 1 October 2025: ASIC now allows electronic signing across most forms. This is part of its commitment to streamline and simplify its regulatory process.

While ASIC has mostly shifted to electronic execution, it is a timely reminder for users to make important considerations when adopting electronic signatures, including when physical (‘wet ink’) signatures may remain preferable and ensuring electronic executions comply with ASIC’s requirements.

This article summarises when electronic execution may be accepted, ASIC’s approach to electronic signing, and provides practical guidance on some of the scenarios where ‘wet ink’ may still be appropriate.

What forms does ASIC now accept electronic signatures for?

Acceptance of electronic signatures on all ASIC forms:

From 1 October 2025, ASIC now supports the use of electronic signatures on all ASIC forms that contain an approved PDF format, including Form 362 (used to appoint a registered agent in Australia to deal with ASIC on a company’s behalf, or to end the appointment).

While ASIC has stipulated that electronic signatures are accepted across its forms, it is important to confirm that the specific form you are lodging permits electronic execution before proceeding.

Ancillary documents to ASIC forms:

Although ASIC accepts electronic signatures on its own forms, ancillary documents attached to those forms may require physical (‘wet ink’) signatures. For example:

• documents that must be certified as a true copy;
• affidavits or statutory declarations in a State or Territory that does not permit electronic signing; and
• any other documents that are excluded due to State or Territory laws.

Electronic signing in Australia: General Practice

While signing electronically is generally permissible for individuals, Australian companies,[1] and other Australian entities, it is important to note that this must be considered on case by case basis. 

Laws vary by State or Territory and depend on the type of document being executed. For example, in Queensland, the Electronic Transactions (Queensland) Act 2001 (Qld) permits certain forms of electronic execution in Queensland but excludes certain transactions under Schedule 1 of that Act, such as where a person is required to file a document with a court or tribunal.

For ASIC forms, ASIC specifies two accepted methods for electronic signing, being:

• physically signing on a touchscreen device, for example, using a stylus or a finger; or
• digitally inserting an image of the signee’s handwritten signature.

When should you still consider using ‘wet ink’?

Even where electronic signing is permissible, it is important to consider using ‘wet ink’ signatures in the following instances:

• Third-party requirements: Third-parties, such as banks and other financial institutions, may continue to insist on ‘wet ink’ signatures, and therefore it may be appropriate to confirm whether such third parties have any of their own execution requirements in place before signing such documents;
• Jurisdictional Impact: Electronic execution can also affect the jurisdiction in which the document is taken to have been executed for the purposes of assessing stamp duty. For example, under New South Wales legislation,[2] a trust deed signed electronically may be taken to have been executed in NSW, where the trustee’s registered office, place of business or principal place of residence is located in NSW; and
• Uncertainty: Where there is some uncertainty surrounding its permissibility to be electronically executed, a ‘wet ink’ signature may be preferable for certainty of execution.

Consequences of an invalid electronic execution

If a document is invalidly executed, it may render a document invalid, potentially making any obligations, arrangements or protections under the document unenforceable.

Seeking Independent Legal Advice

If you are unsure as to whether a document can be signed electronically, you should seek independent legal advice before signing the relevant documents.

What are the Cleardocs products available?

Cleardocs offers the following products, among others:

• Company Registration;
• SMSF set up + register Corporate Trustee; and
• Discretionary (Family) Trust.

Please read the Product Benefits, Product Information and Frequently Asked Legal Questions carefully and consider if it is appropriate in your circumstances before purchasing any Cleardocs product.

More Information from Maddocks

For more information, contact Maddocks on (03) 9258 3555 and ask to speak to a member of the Commercial team.

More Cleardocs information on related topics

• E-signing? Time for a refresher on electronic execution
• Financial Reporting and Audit: ASIC's focus for FY26
• ASIC – key focus areas for 2025 – Private markets, superannuation and cyber risks

[1]Corporations Act 2001 (Cth) s 127.

[2]Duties Act 1997 (NSW) s 58(2A).