The U.S. ESIGN Act of 2000 legalized electronic signatures in all states and territories where federal law is applicable. In areas where federal law does not apply, the U.S. states have largely adopted the Uniform Electronic Transactions Act (UETA). Although eSignatures are valid in all 50 states some states such as Tennessee or New York have added additional laws that add requirements to make eSignatures valid or determine what sort of documents can be signed.
As a general rule esignatures are legally enforceable and given the same weight as handwritten signatures so long as certain requirements are met.
There are 2 types of electronic signatures.
Electronic signatures, or eSignatures, are any electronic processes that show acceptance of a document or agreement. Most eSignature solutions in the U.S. fit into this broad category. Various electronic authentication methods are used to confirm the signer's identity, including email, corporate ID, password protection, or a PIN sent to a mobile device. The proof of signing is shown through a secure process, which often includes an audit trail and a final tamper-evident digital certificate incorporated into the finished signed document.
Digital signatures use a digital certificate from a trust service provider (TSP) like a certificate authority (CA) to verify a signer's identity. These digital certificates provide proof of signing by linking the digital certificate associated with each signature to the document through encryption.
You must have the following elements:
Documents that cannot be signed
The following elements of compliance available within BoldSign can be used to comply with United States eSignature laws:
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