It should be emphasized that my decision is limited to the execution of a promissory note that does not carry on its back the commercial component, whether de jure or de facto, in an attempt to provide a solution to the need that exists for the applicant and her ilk, and after I got the impression that in the practice of electronic signature on a promissory note, it has become common. In view of the complexity of banknote laws, it is expected that the state will act quickly to comprehensively regulate the issue, and formulate an appropriate technological response for all types of banknotes.
About the Authority's Procedures and Their Publication
- One of the Applicant's main arguments relates to the Respondent's procedures, which, according to the Applicant, she did not have the authority to enact them, and they remain obscure procedures that are not known to the public. On the other hand, the Respondent argues that all of its procedures are published as required, and they did not include a reference to the electronic signature on a deed, since this is not recognized in our method. The Respondent noted that this matter would be clarified by it, and indeed a review of its current procedures shows that such clarification was published (https://www.gov.il/BlobFolder/policy/opening-notes-and-checks-file-regulation/he/regulations_opening-notes-and-checks-file.pdf). Therefore, the Applicant's arguments regarding the lack of publication of the procedures relating to electronic signatures were superfluous and I did not find them to be decided.
- However, since I have reached the conclusion that it is possible to recognize non-tradable promissory notes that are signed electronically, and that they can be executed in the track designated for banknotes in the Execution Offices, the Respondent must establish appropriate procedures and publish them to the public. Hopefully, this is only a temporary matter, and the day will not be far away and there will be a comprehensive arrangement with respect to all types of digitally signed banknotes.
I will mention that one of the advantages of the Administrative Directive is its flexibility (High Court of Justice 5016/96 Lior Horev v. Minister of Transport et al., 51(4) 1 (1997); High Court of Justice 4540/00 Abu Afash v. Minister of Health (published in the databases; (14.5.2006)), and therefore the Respondent can already install at this time (even if it will only be for a transitional period until the formulation of a comprehensive digital arrangement for banknotes) specific procedures relating to the execution of promissory notes between close parties in the banknotes track at the Execution Office.