Electronic Trade Documents Act 2023
Official Summary
A Bill to make provision about electronic trade documents; and for connected purposes.
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Overview
The Electronic Trade Documents Bill aims to give electronic trade documents (like bills of lading or warehouse receipts) the same legal standing as their paper counterparts. This will streamline international trade and reduce reliance on paper-based systems.
Description
This bill defines "paper trade documents" as paper-based documents commonly used in UK trade and transport of goods or their financing, where possession is legally or commercially crucial. It defines "electronic trade documents" as their electronic equivalents, provided a reliable system ensures document identification, protection against alteration, single control, demonstrable control, and effective transfer of control.
The bill states that electronic trade documents have the same legal effect as paper documents. It permits the conversion between paper and electronic forms, stipulating that the new form must declare the conversion and adhere to any contractual requirements. The bill includes exceptions for uncertificated securities and other document types specified in regulations, with the Secretary of State empowered to make further regulations.
Specific examples of documents covered include bills of exchange, promissory notes, bills of lading, and warehouse receipts. The bill also addresses consequential amendments to existing legislation, such as the Bills of Exchange Act 1882 and the Carriage of Goods by Sea Act 1992.
Government Spending
The bill doesn't directly specify any government spending. The impact is primarily regulatory, aiming to modernize trade processes and potentially reduce administrative costs for businesses. No figures for cost savings or increased expenses are provided in the bill text.
Groups Affected
- Businesses involved in international trade: They will benefit from streamlined processes and reduced paperwork.
- Financial institutions: They will see changes to how they handle trade finance documents.
- Shipping and logistics companies: These companies will experience changes in documentation processes for the transportation of goods.
- Legal professionals: The bill will influence legal interpretation and contracts related to trade documentation.
- Scottish Parliament: The bill involves aspects of devolved competence and requires consultation with the Scottish Ministers.
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