Use case

Deeds and witnessed documents, with the witness on the record

Some documents need a witness. SignSwifly makes the witness a recipient of their own who signs after the person they witness — in person on that person’s device, or afterwards on a link of their own — and confirms that they saw the signing. Witnessing and deed rules differ from state to state and from document to document: check that signing electronically, and the way of witnessing, suit yours before you send it.

The problem

What slows this work down

Coordinating calendars

Signer, witness and sender rarely share a diary.

Order matters

A witness attests to a signature that already exists; the sequence should be on the record.

Thin evidence

A scribble on a wet-ink deed says little about when the witness actually signed.

The fix

How SignSwifly helps

Witness as a role

Add a witness to any signer; SignSwifly makes them sign after the person they witness.

In person, or on their own link

In person, the witness signs on the signer’s device straight after them. On a link of their own, they’re emailed it as soon as that person has signed and sign on their own device, which records that they signed as witness, not that they saw the signing.

The witness’s own word

Before signing, the witness confirms that they saw the signer sign, and on their own link says how: in person or by video call. The audit trail keeps it with their signature.

Provable sequence

The audit trail records both signatures, their order and their times, each entry chained to the one before.

Before you send

Check the rules for your document

Rules differ by state

Many witnessing laws require the witness to see the signing in person. Some allow an audio-visual link, with conditions: in New South Wales, for example, the witness must see the signing in real time, and the document must say how it was witnessed. SignSwifly doesn’t record the call or add that statement; put it in your document, with a field for the witness to complete.

The method is yours to choose

You’re responsible for using a way of signing and witnessing that the law accepts for your document. A deed signed by an individual often needs a witness, and the rules for doing that electronically differ from state to state; some documents must still be signed on paper. If you’re not sure, ask your lawyer, and see our legal-compliance guidance.

Signing for a company

A company signing under section 127(1) of the Corporations Act 2001 (Cth) signs through its officers — two directors, a director and the company secretary, or the sole director of a proprietary company — and needs no witness for that. The Act lets them sign electronically, deeds included. Your lawyer can confirm it suits the document.

Documents that often carry a witness

Often witnessed

  • Deeds of release
  • Settlement deeds
  • Deeds of variation
  • Guarantees
  • Loan deeds

Check each one first

Before you send one of these electronically, check how the law where it applies lets it be signed and witnessed, and that the other party will accept it. Wills, many statutory declarations and some other documents have rules of their own: see where e-signing may not be suitable.

Why it pays

The benefits

Less chasing

Each person is invited the moment their turn comes, and SignSwifly can send the reminders.

Sequence you can prove

Evidence of who signed, who witnessed, and in what order — built into the chain.

Honest about the edges

We say what SignSwifly records and what it doesn’t, so you and your lawyer can decide whether it suits a document.

Add a witness to your next envelope

Three envelopes a month are free, with no time limit. No credit card required.