Question Time – Liquidity Law Decree – Simplified procedures for contract signature
Q.: Can I enter into a loan agreement without going to the bank, using only my non-certified e-mail?
Yes, between April 8th, 2020 and until the end of the Covid emergency period (at the moment set forth until July 31st, 2020), loan agreements may be entered into with banks by means of exchanging documents by e-mail; the bank or the credit intermediary will make available to the client a copy of the contract and any other related document on a durable medium (i.e. any instrument enabling the client to store the contract, recover it over time and reproduce it without modification), delivering to the client the relevant hard copies at the end of the emergency period.
Q.: Can I enter into other types of contracts, other than loan agreements using only my non-certified e-mail?
The possibility of entering into contracts that necessarily require the written form by means of non-certified e-mail during the Covid emergency period, has been specifically provided only for loan agreements. However, during this emergency period that we are experiencing, in which the lockdown causes factual difficulties in entering into contracts in person, we deem that that it should be possible to enter into valid contracts by distance using IT solutions. To this end, you should contact a lawyer who can provide adequate assistance by assessing the type of contract to be concluded and the communication tools available to the contracting parties (certified e-mail, non-certified e-mail, registered letter, fax).