Philippine Supreme Court Sets Electronic Notarisation Rules For US-Bound Startups

KUALA LUMPUR, Feb 23 (Bernama) -- The Philippine Supreme Court has enacted a set of rules governing electronic notarisation, establishing the framework for accredited electronic notarisation providers, audio-visual (AV) recorded remote notarisation, tamper-evident storage of recordings, and electronic transmittal of duplicate originals to clerks of court.

According to Dmitry Shubov Consulting in a statement, Philippine startups and service providers must meet standards of recordkeeping and technical competence to ensure such documents are accepted in the United States (US) closings.

“This new piece of compliance will include more than validating e-signers against the Supreme Court's electronic notarisation standards and establishing documented workflows; it is also about vetting vendors and maintaining a reliable audit trail acceptable to Philippine registries and US closing agents.

“Startups that prepare the execution packs early help to avoid last-minute re-execution, escrow holds, and pushback from investors. Startups should no longer have to incur the costs of delays and reputational damage associated with a transaction spanning multiple countries,” said the consulting firm’s Founder, Dmitry Shubov.

Recognised modes include accredited in-person Electronic Notarisation Facilities (ENFs), remote Electronic Notarisation Providers (ENPs) who utilise secure audio-visual communication (AVC) technology, and hybrid workflows.

Technical requirements include multi-factor authentication, preservation of AV recordings, tamper-evident electronic signatures, and electronic duplicate originals. Notaries and platforms must also comply with digital registers, retention, and audit-log requirements.

The standards will affect Southeast Asian startups needing Philippine-notarised documents for US incorporations, investor closings, or cross-border contracts, as well as corporate services providers, escrow agents, e-signature/e-notary platforms, and US counsel relying on Philippine executions for due diligence.

Southeast Asian legal tech founders and service providers preparing for US transactions are encouraged to consult specialised firms such as Dmitry Shubov Consulting, which helps startups safely and effectively navigate US market entry and compliance.

-- BERNAMA