Telefacsimile execution: Overview, definition, and example
What is telefacsimile execution?
Telefacsimile execution refers to the process of signing a document and transmitting it via fax (telefacsimile) as a means of executing or completing the document's formal requirements. In many cases, a faxed signature is used to quickly send documents, especially in situations where an original signature is required but cannot be immediately provided in person. While not all jurisdictions or agreements accept faxed signatures, telefacsimile execution has historically been used to facilitate quick, efficient transactions.
For example, a business might send a contract with a faxed signature to the other party for their review and approval, where the recipient signs the document and returns it via fax.
Why is telefacsimile execution important?
Telefacsimile execution is important because it allows for the timely exchange of signed documents, particularly when physical signatures or face-to-face meetings are impractical. It enables businesses, legal professionals, and individuals to execute agreements or contracts without delays caused by geographical distances or time constraints. Although digital signatures have largely replaced faxed ones in recent years, telefacsimile execution is still sometimes used in specific contexts or regions.
In some cases, it can serve as an interim solution while waiting for the original signed document or when digital alternatives are not available.
Understanding telefacsimile execution through an example
Imagine a company needs to execute a time-sensitive contract with a client. Instead of waiting for the original signed contract to be physically mailed, both parties agree to sign and send the contract via fax. Each party signs the contract and sends the faxed copy to the other. The contract is then considered executed, with both parties agreeing to its terms even though the physical signatures are not present.
In another example, a lawyer might use telefacsimile execution to send a signed will to a client for their records. The lawyer can fax a signed copy of the will to the client while the original is kept safe in the office.
An example of a telefacsimile execution clause
Here’s how a clause related to telefacsimile execution might appear in a contract:
“The Parties agree that a signed copy of this Agreement transmitted by telefacsimile shall be deemed to be an original executed document and shall be binding upon the Parties as if executed in person.”
Conclusion
Telefacsimile execution offers a practical solution for quickly finalizing and exchanging signed documents when in-person execution is not feasible. While digital signatures have largely replaced faxed signatures in modern practices, telefacsimile execution remains a useful tool for certain transactions. By including a telefacsimile execution clause in a contract, parties can ensure that faxed signatures are legally recognized and enforceable, streamlining the process for urgent or remote agreements.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.