Independent Contractor Agreement Replace Digital Signature For Free

To form a binding contract, a signature is not always required.For e-signatures to be valid and enforceable, the electronic document itself must be valid and enforceable. This means the electronic document must not be altered in any way. The document must be complete, which means it has been signed by all parties.

Contrary to popular belief, e-signatures have been legally valid in India for over 18 years now: the Information Technology Act (IT Act), passed in 2000, granted e-signatures the same legal status as handwritten signatures.

Generally, all agreements are able to be signed electronically, as the Electronic Transactions Acts do not discriminate as to what amounts to electronic execution. The courts have also openly accepted that there is little distinction between a wet ink signature and an electronic signature.

The original is always best. In law we have something called the best evidence rule. Basically, if you are presenting evidence to a court, it must be the best evidence available. So if a signed agreement is evidence, then the agreement with the original signatures of both parties will be the best evidence.

Federal legislation enacted in 2000, known as the Electronic Signatures in Global and National Commerce Act (ESIGN), made most e-contracts and e-signatures just as legal and enforceable as traditional paper-and-ink contracts and signatures.

E-signatures, as electronic signatures are also known, are replacing written signatures. Not only do they save time and money, but they also create less waste and are traceable, time stamped, and more secure. Most important, they're legally equivalent to written signatures.

On a combined reading of the national and international laws, it can be said that e-agreements are valid and enforceable in the courts, however, since the risk associated with e-signatures are high, for high stake transactions, parties still insist on wet signatures on physical agreements.