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Similar to UETA, the E-Sign Act sets essential requirements for the validity of electronic signatures. These include the intent to sign, consent to conduct business electronically, association of the signature with the record, and proper record retention.

The Electronic Signatures in Global and National Commerce Act, otherwise known as the E-Sign Act, states that electronic signatures shouldn't be considered invalid simply because they're electronic. In other words, e-signatures are completely legal and binding.

To be considered a valid electronic signature, the signature must meet the following criteria: It must be appropriately identified and linked to the signatory. It must be capable of identifying the signatory. It must have been used with the intention of signing the document.

|As with a handwritten signature, a signer must show clear intent to sign an agreement electronically. For example, signers can show intention by using a mouse to draw their signature, typing their name, or clicking an “Accept” button that is clearly labeled.

For an electronic signature to be legally binding under the ESIGN Act, it is recommended that all electronic signature workflows include the following five elements: Intent to sign. Consent to do business electronically. Opt-out clause. Signed copies. Record retention.

Agreements that often cannot be signed electronically include wills, trusts, and documents for adoption, divorce, and court orders. Some real estate transfers and notarised documents also require physical signatures, depending on jurisdiction.

Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility ...

The ETA does not require a specific method to make an electronic signature, as long as the method identifies the signer, and indicates their intention to approve whatever they have communicated.

However, as a general rule, the following types of documents typically cannot be signed using an e-signature: Marriage, birth, and death certificates. Wills, codicils, and testamentary trusts.