Are electronic signatures legal in the USA?
Updated
Yes, in most cases. The federal ESIGN Act (2000) and the Uniform Electronic Transactions Act (UETA) give electronic signatures the same legal effect as handwritten signatures for most business and consumer transactions. This page is general information, not legal advice, and laws change, so check the current rules for your situation.
The laws that apply
ESIGN is a federal law. UETA is a state law adopted by nearly every state. Illinois, New York and Washington have their own electronic signature laws instead, which work in a similar way.
What makes an e-signature valid
- The signer intends to sign the record
- The parties agree to do business electronically
- The signature is attached to or logically associated with the record
- The signed record is kept and can be reproduced accurately later
When a law requires information to be given to a consumer in writing, ESIGN also requires the consumer's consent to receive it electronically.
Documents to be careful with
ESIGN and UETA do not cover wills, codicils and testamentary trusts. ESIGN also excludes some family-law documents such as adoption and divorce papers, court documents, and certain notices, for example utility cancellations, eviction or foreclosure notices, insurance cancellations and product recalls. State laws can add more exceptions.
What KamiSign records
Every fully signed KamiSign document comes with a Certificate of Completion listing who signed, when, whether their email was verified, and a SHA-256 fingerprint of the document. You can also ask signers to verify their email before they sign.
Frequently asked questions
Are electronic signatures legally binding in the USA?
Generally yes. ESIGN and UETA give electronic signatures the same legal effect as handwritten signatures for most transactions.
Do I need special software for the signature to be valid?
No specific software is required. What matters is intent to sign, agreement to transact electronically, and a reliable record of the signed document.
Can I sign a will electronically in the USA?
Wills, codicils and testamentary trusts are excluded from ESIGN and UETA, so they generally need to follow your state's rules for wills.
Does a typed name count as a signature?
It can, if it is used with the intent to sign the record and is associated with it. A clear record of who signed and when helps if it is ever challenged.