In the United States, the Uniform Electronic Transactions Act (UETA) 1999 and the Electronic Signatures in Global and National Commerce Act (ESIGN) 2000 admits the validity and enforceability of electronic signatures.
The UETA and the ESIGN Act cover commercial transactions, and therefore do not pertain to records used unilaterally, or which do not relate to business, commercial (including consumer), or governmental affairs. They also specify exemptions to the use of electronic signatures in certain kinds of documents, such as those relating to the creation and execution of wills, adoption, divorce, or other matters of family law. Please review the list of exemptions under section 103 of the ESIGN act, and consult with legal counsel to identify relevant categories of exclusion.
All 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands have enacted state laws validating electronic signatures, with all but 3 adopting the Uniform Electronic Transactions Act (UETA). Illinois, New York, and Washington have not adopted the UETA but have similar statutes validating electronic transactions.
When determining whether an electronic signature is compliant under the ESIGN Act, the law looks into some essential requirements. Make sure that your electronic signature provider has covered these points and you can ensure that your eSignatures are valid and enforceable in the United States.
All parties to an agreement or transaction must agree to conduct the transaction using electronic means. Accordingly, the UETA expressly provides that the party’s agreement is to be found from all circumstances, including the parties’ conduct. This consent may be express or implied.
Yes. Whenever you sign and finalize a document within SignEasy, you are prompted to confirm your consent to sign documents electronically.
Electronic signatures, like pen-and-paper signatures, are valid only if each party intended to sign.
Yes. SignEasy allows signature requests to be declined, effectively allowing the parties to decide whether they would like to complete the transaction using an electronic signature.
An electronic signature must be connected or associated to the document that is being signed by indicating a process by which the signature was created or by creating a graphical or textual statement, which gets added to the signed record.
Yes. SignEasy does not allow electronic signatures to be transmitted to anyone except as part of a document signed and sent by the signer. You can chose to sign a document by either drawing your signature on the device touchscreen using the finger or stylus, placing an image of your signature on the document or typing it using one of the existing templates. In all these cases, the eSignature is placed on the electronic document at the time it is signed and is saved as a part of the PDF document.
The electronic signature must be attributable to the person who is signing. The attribution of an electronic signature to a person will be determined based on the context and circumstances under which the document is signed. This can be done by a variety of means, such as documenting the communications and actions of the parties, or preserving an audit trail.
Yes. When you sign a document on SignEasy, you receive a copy of your signed document and a full audit-trail for legal evidence, including signer email ID, device IP, signature timestamp, and more.
An electronically signed document must be in the form of an electronic record capable of retention by the recipient at the time of receipt. The sender or the information processing system must not inhibit the ability of the recipient to print or store the electronic record for later reference.
Yes. SignEasy holds the original and signed documents securely for you using AES 256 encryption at rest and 256-bit SSL encryption during transit. You can download the signed document on your device or store it in your SignEasy account. SignEasy also provides you a choice to remove or delete them as you wish anytime. We also create an audit trail for later reference.