The MFSA has recently issued a circular in relation to the use of electronic signatures, stating that it will accept electronically signed documents, as long as they are signed with a qualified electronic signature as defined and regulated under Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (“eIDAS”).
A qualified electronic signature is the only type of electronic signature under the eIDAS which has the equivalent legal effect of a handwritten signature. Any person making use of electronic signatures to sign a document to be submitted to the MFSA shall be obliged, and solely responsible, to ensure that such signature and the use thereof is in line with the provisions of the eIDAS.
The MFSA reserves the right to independently verify the validity of electronic signatures used to sign documents submitted to it. If the MFSA determines that an electronically signed document received uses a signature which is in breach of the eIDAS or any provision of the law, the MFSA will consider such submission to be invalid and the document in question will have to be resubmitted.
