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The requirement for valid execution Under the Act, subscription by (or on behalf of) the granter (in the case of a unilateral obligation) or parties (in a mutual contract) is the only requirement for the valid execution of a document.
The common practice in England, and many other countries, of starting all the signatures on clean signature pages beginning with the ‘in Witness Whereof’ testing language will not suffice.However, the Scottish execution rules (even as amended) do still differ in a number of respects from those under English law and therefore it will still be important to review execution formalities and clauses against the Scots law requirements. As a starting point it is worth reiterating that not all contracts and obligations governed by Scots law need to be created and evidenced in formally executed documents.Contracts and other obligations can be created orally or by conduct.Section 6(2) provides that the maximum penalty on indictment is 10 years’ imprisonment.Contracts drafted by English lawyers typically include a date in the first line.
However, in July 2015 legislation was passed in Scotland to permit execution in counterparts and facilitate electronic closings.