Feature

A witness in the signing order, on the record

Add a witness to any signer. They sign after the person they witness: in person on that person’s device, straight after them, or afterwards on a link of their own. Before they sign, the witness confirms that they saw the signing, and how, and the audit trail keeps what they said. Witnessing rules differ from state to state and from document to document, so check that the way you choose suits yours.

In detail

How it works

  • Add a witness to any signer when you build the envelope
  • In person: the signer hands their device to the witness straight after signing, and the witness signs on it. The witness isn’t emailed a link
  • On their own link: the witness is emailed a link as soon as their signer has signed, even if others are still to sign, and signs on their own device
  • Don’t know the witness yet? The signer names them — name and email — as they sign
  • Before signing, the witness ticks “I saw [the signer] sign this document”. On their own link they also say how: in person, or by video call
  • SignSwifly makes the witness sign after their signer, and the audit trail records both signatures, their order, their times and the devices used

What it records, and what it doesn’t

  • It records that the witness signed as witness, when and on which device, after the signature they witnessed, and what they confirmed about seeing it
  • It doesn’t record the signing itself: no video, and nothing that proves the witness saw it. A witness who signs on their own link afterwards is not evidence that they saw the signing
  • It doesn’t add a witnessing statement to the document. If the law asks for one, put it in your document, with a text field for the witness to complete
Before you rely on it

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.

The method is yours to choose

You’re responsible for using a way of witnessing that the law accepts for your document; SignSwifly doesn’t check that for you. Some documents still have to be signed and witnessed 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. Your lawyer can confirm it suits the document.

Why it matters

The benefits

You needn’t be there

The signer and their witness sign when their turn comes, without you in the room.

Order on the record

The audit trail shows the witness signed after the signer, with the times and devices.

The witness’s own word

They confirm they saw the signing, and how, before they can sign as witness.

Add a witness to any signer

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