Regarding digital sign on the form CHG-1

This query is : Resolved

Meenakshi Ramandasani (Querist)
Follow

26 June 2023 In the charge form, Bank is a charge holder and the mail id of bank's manager is being written in the form and then digital sign is used of another employee/manager in the said form, thus it is valid or not ??

I guess this will not impact in form filing??
what are your views??

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
Follow

10 July 2024 In legal and administrative contexts, especially concerning forms that involve financial transactions or legal agreements such as charge forms, it's crucial that the information provided is accurate and the signatures are appropriately authorized. Here are some key considerations regarding the scenario you've described:

### 1. **Authorized Signatory:**

- **Signatory Authority:** The person digitally signing the charge form should have the authority to do so on behalf of the bank. This authority is typically designated either by internal policies of the bank or through official documentation.

- **Designated Signatory:** If the charge holder is the bank, the digital signature should ideally be that of an authorized signatory within the bank who has the legal capacity to bind the bank in such transactions.

### 2. **Information Accuracy:**

- **Correct Information:** The details provided in the charge form, such as the bank manager's email address, should be accurate and up-to-date. This ensures that communications related to the charge can be effectively managed and verified.

- **Consistency:** The use of the bank manager's email address in the form is acceptable if it pertains to communication purposes. However, the digital signature should align with the authorized signatory for the bank.

### 3. **Validity of Digital Signature:**

- **Legal Validity:** In many jurisdictions, digital signatures are legally recognized if they meet specific criteria, such as being issued by a trusted certificate authority and using cryptographic methods to ensure authenticity and integrity.

- **Authentication:** The authenticity of the digital signature should be verified to ensure it hasn't been tampered with and corresponds to the authorized signatory.

### 4. **Impact on Form Filing:**

- **Compliance Considerations:** Improperly signed forms or forms where the signatory lacks authority can lead to legal and compliance issues. It's essential to ensure all signatures are valid and authorized to avoid potential challenges or disputes.

### Conclusion:

While the use of the bank manager's email address in the charge form for communication purposes may not inherently invalidate the form, the digital signature must be from an authorized signatory of the bank. This ensures the form's compliance and validity, aligning with legal requirements and industry standards. If there are concerns about the form's submission or signature validity, it may be prudent to seek clarification from legal or compliance experts within the relevant jurisdiction or from the bank's internal compliance team.