Electronic signatures and records are legally effective under federal and state statutes, subject to conditions that are easy to satisfy and easy to overlook.
The core rule. A signature, contract or record may not be denied legal effect solely because it is in electronic form, where the parties have agreed to transact electronically. Agreement may be inferred from the circumstances.
Consumer disclosures. Where a statute requires information to be provided in writing to a consumer, federal law imposes specific consent requirements including a demonstration that the consumer can access the format used.
Excluded documents. Wills and testamentary trusts, and certain family law documents, are excluded. Some notices — utility termination, foreclosure, health insurance cancellation — are excluded from the federal statute. Real property documents may be signed electronically but recording requires the county’s participation in electronic recording.
Attribution. The signature must be attributable to the person, shown by any means including the efficacy of the security procedure used. This is where disputes actually arise.
Evidence to retain. Audit trail with timestamps, IP address, authentication method, the document version signed, and delivery confirmations. A platform that produces a certificate of completion supplies this.
Notarisation. Remote online notarisation is authorised in most states, with identity proofing and recording requirements.