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.
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.
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.
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.
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.