Instant & handshake

Witness Attestation

A witness states that they were present and saw or heard the named parties consent to a recorded agreement. The witness makes no statement about that agreement's validity, terms or effect.

Recital

The words each party hears or reads before consenting. Bracketed names are the fields below.

I, [witness], state that I was present, in person or on the live call, when the people who identified themselves to me as [party_a] and [party_b] gave their consent to the agreement recorded as [witnessed_agreement_id].

I saw or heard each of them give that consent. I am not a party to that agreement and I have no interest in it.

I state only what I saw and heard. I make no statement about whether that agreement is valid, what its terms mean or what effect it has, and I do not vouch for either party's capacity or authority.

I give this attestation on [date].

The date is filled when consent is recorded; [date] is not one of the fields.

Fields

FieldLabelTypeLimits
witnessWitnessParty—
party_aFirst party witnessedParty—
party_bSecond party witnessedParty—
witnessed_agreement_idRecord id of the witnessed agreementTextup to 128 characters

Clauses

  1. Witness statement

    [witness] (the witness) states that it was present, in person or by live audio or video, when the people who identified themselves as [party_a] and [party_b] gave their consent to the agreement recorded as [witnessed_agreement_id], and that it saw or heard each of them give that consent. The witness states that it is not a party to that agreement and has no financial or other interest in its outcome. The witness states only what it saw and heard. It makes no statement about whether the witnessed agreement is valid or binding, about the meaning, lawfulness or effect of its terms, or about either party's capacity or authority, and it does not confirm either party's identity beyond what was presented to it. This attestation is the statement of a lay witness. It is not an official act of any public officer and does not change the witnessed agreement. If the witness later learns that any part of this statement is inaccurate, it will say so promptly in a further recorded statement.

  2. Governing law

    This agreement is governed by the law of the jurisdiction selected for it when the parties consent, chosen from the jurisdictions listed for this template, without regard to that jurisdiction's conflict-of-laws rules. Where the selected jurisdiction is the United Arab Emirates, the governing law is the law of the Dubai International Financial Centre (DIFC). If no jurisdiction is selected, the law of the State of Wyoming applies.

Jurisdiction notes

The regime notes from the Legal-X jurisdiction dossiers, for each jurisdiction this template is written for.

Wyoming USWYDigital-asset property & DAO entities

State law cannot override federal securities or banking law.

Delaware & Federal USDECorporate law + federal securities

Securities status turns on the facts of each offering — the ledger does not change it.

New York USNYCommercial law + DFS supervision

Doing virtual-currency business with New York residents needs a licence.

United Kingdom GBCommon-law property recognition

Property status is settled; regulated activity is still FCA territory.

Legal footing

ESIGN (15 U.S.C. §7006(5)) and UETA define an electronic signature as an electronic sound, symbol or process attached to or logically associated with a record and executed with intent to sign; a recorded recital with intent qualifies. eIDAS (EU) Art. 3(10) defines a simple electronic signature as data in electronic form attached to or logically associated with other data and used by the signatory to sign. Singapore and Hong Kong ETAs are similar. Enforceability depends on the facts and the forum.

Orientation, not legal advice; counsel to confirm.