What Are the Requirements for Sending a Legal Document With a Signature?

The Electronic Signatures Act has made electronic and digital signatures legal.

As the use of technology increases, more business transactions are being conducted online. Because of this, the Electronic Signatures Act of 2000 has made electronic signatures as legal as the pen-and-ink version.

The Electronic Signatures Act

President Clinton signed the Electronic Records and Signatures in Commerce Act, more commonly referred to as the Electronic Signatures Act, on June 30, 2000. To do this he signed both electronically and using pen and paper. This act, Public Law No: 106-229, took effect on October 1 of that year. By signing this bill into law, President Clinton gave electronic documents the same status as traditional paper ones.

Provisions

The provisions of this law are extremely broad and do not dictate the method of electronic signature that must be used. According to the law, the signature may be an "electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record." In addition, the consumer may still sign in the traditional paper-and-pen format as well.

Exemptions

While electronic signatures are valid on most types of documents, wills, codicils and similar documents are exempt. Court orders as well as official court records and documents are also exempt from the law.

References

• American Bar Association: Digital Signature Guidelines
• Electronic Signatures Act: Overview
• The Electronic Signatures Act Requirements
• Implications of the Electronic Signatures Act
• New York State Office of Technology: Electronic Signatures and Records Act (ESRA)