The Electronic Filing Act 2021, Electronic Transactions Act 2021 and Electronic Transfer of Funds Act 2021 all came into force on 9 July 2021.

The Electronic Filing Act 2021 is a part of the government's move to allow for filings to be made and records to be kept in electronic form.

The Electronic Transactions Act (ETA) 2021 replaces the Electronic Transactions Act 2001. Both the previous and the new legislation provide for electronic contracts, electronic signatures and, where matters are required to be in writing, that they can be evidenced in electronic form.

The new legislation sets out the features that an electronic signature must have for it to be enforceable. Part IV of the ETA is new and allows for the submission of electronically certified documents. Such documents cannot be invalid purely because of the jurisdiction in which the certification was applied.

The ETA lists certain transactions where an e-signature will not apply. For example, it will not apply to a deed and certain conveyances of property cited in the British Virgin Islands.

The Electronic Transfer of Funds Act 2021 deals with the regulation of crimes in relation to the transfer of money by electronic means (eg, the theft or forgery of a bank card).

For further information on this topic please contact Michael Killourhy or Simon Schilder at Ogier by telephone (+1 284 852 7300) or email ([email protected] or [email protected]). The Ogier website can be accessed at