Manila: 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 BERNAMA News Agency, 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,' 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.