ALASKA

Sarah Badten, BHBC

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

No, Alaska does not appear to currently maintain a list of trusted entities to qualify electronic signatures.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The Act applies to e-signatures "relating to the conduct of business, commercial, or governmental affairs." The Act only applies where parties have agreed to conduct transactions electronically but doesn't require the use of e-signatures. The Act does not apply to: wills, codicils, or testamentary trusts; conduct governed by the UCC, except AS 45.01.306, AS 45.02, AS 45.12, and, to the extent allowed, AS 45.07; or notices in transactions excluded from the E-Sign Act by 15 U.S.C. 7003.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

Pursuant to the Act, an electronic signature "may not be denied legal effect or enforceability solely because it is in electronic form" and, where Alaska law requires a signature, an electronic signature satisfies the law." AS 09.80.040(a), (d). In a proceeding, evidence of an electronic signature "may not be excluded solely because it is in electronic form." AS 09.80.100.

What is the e-signature law enforceable in your jurisdiction?

The Uniform Electronic Transactions Act, AS 09.80.010 - .195 (the "Act").

ARGENTINA

Juan Pablo M. Cardinal, Richards, Cardinal, Tützer, Zabala, Zaefferer

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

Yes. In the following link you may find the updated list of Certifiers of Digital Signature: https://www.argentina.gob.ar/firmadigital/acraiz/certificadoreslicenciados Therefore, those documents that are certified by entities that have not been dully authorized by the Chief Cabinet Minister (i.e. Docusign) will be considered as electronic signature with the limited effects stated herein.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The digital signature is issued through a "Digital Certificate" granted by a Licensed Certifier. This allows to grant to third parties the authorship and integrity of the digital document that has the digital signature and it is considered equal as the holographic signature.

Electronic signature is any data or electronic means used by the signatory of a document to identify himself/herself, but it lacks the requirements needed to be consider a digital signature.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

Both electronic and digital signature are legal, however each of them have different effect and validity to third parties. There are certain contracts that require them to be granted in a specific manner and with specific formalities. Unless there is a specific manner to act out the will of the signatory (i.e public deed), the general principle is that parties may use the one they deem convenient (Section 284 of the National Civil and Commercial Code).

What is the e-signature law enforceable in your jurisdiction?

In Argentina, electronic signatures and digital transactions are governed on a federal level mainly by the following regulation: Act No 25,506 , Regulatory Decree No 182/2019 and the National Civil and Commercial Code (Section 284, 286 and 288).

BRAZIL

Luiz Eduardo Corradini, Cascione, Pulino & Boulos Advogados

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

Brazilian government provides a list of trusted entities authorized to issue qualified e-signature, available at https://www.gov.br/iti/pt-br/assuntos/icp-brasil/autoridades-certificadoras. There is also a list of entities authorized to identify/register users of qualified e-signatures, available at https://www.gov.br/iti/pt-br/assuntos/icp-brasil/lista-de-ars.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

There are 3 types of e-signatures: (1) simple (not certified by ICP, with low level of identification); (2) advanced (not certified by ICP, with high level of identification); and (3) qualified (certified by ICP).

Qualified e-signature is valid for most purposes (public and private documents). Certain public documents may also use advanced or qualified e-signatures. In general, private documents may also be executed using simple or advanced e-signatures, provided that the parties agree to it.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

The Brazilian Civil Code sets forth that the validity of a statement of will does not require a specific form or format, unless expressly required by law. However, there are certain situations in which local law require a specific form and format and/or registration before notary public or public authority (pls. refer to our previous answer). In these cases, it is advisable to check on a case-by-case basis the format that may be used, if it can be e-signed and which type of e-signature applies.

What is the e-signature law enforceable in your jurisdiction?

E-signatures in Brazil are enforceable by: (1) Provisional Measure No. 2,200-2/2001, which instituted the Infrastructure of Brazilian Public Keys (ICP), that regulates the authenticity, integrity and validity of electronic documents; (2) Law 14,063/2020, which regulates the use of e-signatures before public entities and in acts of legal entities; and (3) Decree No. 10,543/2020, which provides specific requirements for the applicability of e-signatures before the public administration.

CANADA - EDMONTON + ALBERTA

Ken Haluschak, Bryan & Company

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

There is no requirement to validate e-signatures using encryption measures; however, administrative bodies, such as the Alberta Securities Commission, can set out authentication requirements for contracts that fall under their jurisdiction. Additionally, the Government of Alberta provides recommended authentication procedures depending on the type of e-signature: Link.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The Act defines e-signatures as "electronic information a person creates or adopts in order to sign a record and that in, attached to or associated with the records." Any document is permitted to be signed electronically, unless a document or legislation explicitly prevents it or an individual does not consent to it. Valid forms of e-signatures include a/an: scan of an original signature, "I accept" button, typed name or signature block, or signature created by a stylus/finger on a touch screen.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

An e-signature will be valid if it can identify the signee and link them to the document to show their acceptance of and intent to be bound by the contract (1353141 Alberta Ltd v Roswell Group Inc, 2019 ABQB 559).

The Act states that electronic signatures are not applicable to wills and codicils and trusts created by them, powers of attorney, personal directives, documents that create or transfer interests in land, guarantees under the Guarantees Acknowledgement Act, and negotiable instruments.

What is the e-signature law enforceable in your jurisdiction?

"Electronic Transactions Act, SA 2001 c E-5.5 (the "Act").

Personal Information Protection and Electronic Documents Act, SC 2000 c-5 ("PIPEDA") (for contracts that are governed by federal legislation, such as the Bank Act)."

CANADA - VANCOUVER + BRITISH COLUMBIA

Shane D. Coblin, Kornfeld LLP

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

For the purposes of the ETA, British Columbia does not keep such a list.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

Generally, electronic signatures are legally valid in the context of private transactions and transactions between and with governments in B.C. The ETA does not limit the operation of a law that authorizes or prohibits the use of information or records in electronic form, or requires information or a record to be posted, displayed or delivered in a specific manner. However, the use of words like "in writing" and "signature" in an act are not sufficient to limit the application of the ETA.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

The ETA currently does not apply to: Wills*, trusts created by wills, certain Powers of attorney, document that create or transfer interests in land and that require registration to be effective against third parties (s. 2(4)).

* Bill 21: Wills, Estates and Succession Amendment 2020 Act ("Bill 21"), when enacted, will permit wills to be signed electronically.

Consent to provide or receive an electronic document or signatures is required, but can be inferred from a party's conduct (s. 4).

What is the e-signature law enforceable in your jurisdiction?

The Electronic Transaction Act, [SBC 2001] Chapter 10 ("ETA")

CHILE

Ignacio Arteaga, Arteaga | Gorziglia

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

This law created special entities named as "certification service providers" who must fulfill certain requirements and conditions to grant electronic signature certificates and allow, as previously indicated, the availability of an advanced electronic signature. Certification service providers requires an accreditation granted by a government authority named as "Accrediting Entity" after a procedure in which these providers demonstrate reliability, a secure service, qualified personal, robust systems and products, among other requirements.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

Law no. 19.799 refers in general terms as to which contracts can be signed with electronic signatures. This means that several contracts such as leases, vehicle purchase agreements, service contracts, among others, can be signed electronically. However, the same contract must be signed by everyone electronically. Also, this law allows government authorities to sign with electronic signature public documents and resolutions.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

The above-mentioned law considers electronic support equivalent to paper support in terms that contracts signed by means of an electronic signature, are valid in the same way and produce the same legal effects as those granted with handwriting signature on paper (Article 1 and 3 of law). However, there are exceptions of documents or contracts that can´t be signed with electronic signature: i/ When law requires a solemnity that is not capable of being fulfilled by electronic document (presence of witnesses); ii/ When law requires the personal concurrence of the parties (contracts that must be granted by public deed like transfer of real estate); iii/ Contracts related to Family Law.

What is the e-signature law enforceable in your jurisdiction?

The law that regulates electronic signatures in Chile is Law Number 19.799 in force since April 12, 2002. According to article 1, it "regulates electronic documents and their legal effects, the use of electronic signatures in them, the provision of certification services for these signatures and the accreditation procedure to which the providers of said certification service may be subject, in order to guarantee security in their use". This law distinguishes two types of electronic signature: advanced or simple. Advanced electronic signature means that is certified by an accredited provider and has been created using electronic tools that the author of the signature maintains on his exclusive control. Simple electronic signature means any sound, symbol or process which allows the receiver of an electronic document to identify its author.

MEXICO - MONTERREY

Melissa Terui Villegas, D & A Morales y Asociados

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

The Ministry of Public Administration, the Ministry of Economy and the Tax Administration Service, are considered certifying authorities to issue digital certificates.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The advanced e-signature may be used in electronic documents (those documents generated, consulted, modifies or processed by electronic media) and in data messages (information generated, sent, received, filed or communicated through electronic media, which may contain electronic documents). These types of documents will produce the same effects as those presents with an autograph signature and will have the same probative value that the applicable provisions grant to them.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

The advanced electronic signature must comply with some principles such as functional equivalence, authenticity, integrity, technological neutrality, non-repudiation and confidentiality. In addition, those who can use the advanced electronic signature must have: a valid digital certificate (the data or record message confirming the link between a signer and the private key) issued or approved in terms of the law, and a private key, generated under the personsâ?T exclusive control.

What is the e-signature law enforceable in your jurisdiction?

Advanced Electronic Signature Law and the Commercial Code

U.S.A.

DELAWARE

Leanne C. McGrory, The Stewart Law Firm

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

No.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

Under the E-SIGN Act, UETA, the Uniform Real Property Electronic Recording Act, and Delaware corporate and alternative entity law, the general principle is that electronic signatures and records should be accorded the same legal status as manual signatures and paper records.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

They are generally legal. Key exceptions include where electronic signatures and or documents are explicitly prohibited by an entity's governing documents and certain documents such as wills, codicils or testamentary trusts, foreclosure or default notices, court orders or documents, product recalls, and safety notices.

What is the e-signature law enforceable in your jurisdiction?

Applicable Federal law is the E-Sign Act. Delaware has adopted the Uniform Electronic Transactions Act (UETA) and the Uniform Real Property Electronic Recording Act. E-SIGN and UETA do not apply to transactions governed by the Delaware General Corporation Law (DGCL) or by Delaware's alternative entity statutes such as the LLC Act, or by the Delaware UCC, these are governed by Section 116 of the DGCL or the corresponding provisions of the relevant alternative entity act or by the Delaware UCC.

ILLINOIS

David Pilotto, Much

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

No.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The Act applies to all types of contracts other than: wills/codicils/testamentary trusts OR Uniform Commercial Code transactions (outside of waiver/renunciation of claim or rights after breach, statute of fraud for personal property, sales, and leases).

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

A signature may not be denied legal effect or enforceability solely because it is in electronic form, and if a law requires a signature an e-signature satisfies such. The key exceptions are if the e-signature of an individual was NOT attributable to an act of that person and if the e-signature was induced under duress, fraud, or undue influence.

What is the e-signature law enforceable in your jurisdiction?

Public Act 102-0038 (the "Act") is enforceable in Illinois effective as of June 25th, 2021. The Act adopted the Uniform Electronic Transactions Act (the "UETA") and repealed Illinois' former non-UETA "Electronic Commerce Security Act."

KANSAS

Ronald Hack, Evans & Dixon

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

Not to our knowledge.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

  • K.S.A. 16-1603
  • 16-1603. Scope
    1. Except as otherwise provided in subsection (b), this act applies to electronic records and electronic signatures relating to a transaction.
    2. This act does not apply to a transaction to the extent it is governed by:
      1. A law governing the creation and execution of wills, codicils or testamentary trusts; and
      2. the uniform commercial code, other than K.S.A. 84-1-306 and articles 2 and 2a of chapter 84 of the Kansas Statutes Annotated, and amendme

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

K.S.A. 16-1607

16-1607. Legal recognition of electronic records, electronic signatures and electronic contracts

  1. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
  2. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
  3. If a law requires a record to be in writing, an electronic record satisfies the law.
  4. If a law requires a signature, an electronic signat

What is the e-signature law enforceable in your jurisdiction?

Kansas has adopted the Uniform Electronic Transactions Act. It is found in West's Kansas Statutes Annotated, Title 16, Sections 1601 and following

MASSACHUSETTS

Matthew Sweet, Rich May

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

Massachusetts does not maintain such a list. Instead, signature attribution is determined from the context and circumstances surrounding its creation and execution.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The MA UETA applies to electronic records and electronic signatures relating to a wide range of corporate and commercial transactions between parties which have agreed to conduct transactions by electronic means, except for transactions governed by:

  • a law governing the creation and execution of wills, codicils or testamentary trusts;
  • the Uniform Commercial Code (M.G.L. ch. 106), other than sales and leases governed by ch. 106, Sections 2 and 2A, to which the MA UETA does apply;
  • a state statute, regulation, or other rule of law governing adoption, divorce or other matters of family law;
  • court orders or notices, or official court documents, including briefs, pleadings and other writings, required to be executed in connection with court proceedings;
  • a statute, regulation, or other rule of law governing any notice of the cancellation or termination of utility services, including water, heat and power; or of the default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;
  • a statute, regulation, or other rule of law governing the cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities;
  • a statute, regulation, or other rule of law governing recall of a product, or material failure of a product, that risks endangering health or safety; or
  • any document, required by a statute, regulation, or other rule of law governing, to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

E-signatures are legal with certain exceptions, as detailed above. Subject to such exceptions and pursuant to Section 7 of the MA UETA, (i) a record or signature may not be denied legal effect or enforceability solely because it is in electronic form, (ii) a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation, (iii) if a law requires a record to be in writing, an electronic record satisfies the law, and (iv).

Pursuant to Section 9 of the MA UETA, an electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. The effect of an electronic record or electronic signature attributed to a person under Section 9 of the MA EUTA is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.

Furthermore, Section 11 of the MA UETA provides that if a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

What is the e-signature law enforceable in your jurisdiction?

M.G.L. ch. 110G, the Massachusetts Uniform Electronic Transactions Act (the "MA UETA").

MISSOURI

Ronald Hack, Evans & Dixon

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

Not to our knowledge.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

  • V.A.M.S. 432.210
  • 432.210. Scope
    1. Except as otherwise provided in subsection 2 of this section, sections 432.200 to 432.295 apply to electronic records and electronic signatures relating to a transaction.
    2. Sections 432.200 to 432.295 shall not apply to a transaction to the extent it is governed by:
      1. A law governing the creation and execution of wills, codicils, or testamentary trusts; and
      2. The uniform commercial code other than sections 400.1-107, 400.1-206, 400.2-101 to 400

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

V.A.M.S. 432.230

432.230. Legal recognition of electronic records, electronic signatures, and electronic contracts

  1. A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form.
  2. A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation.
  3. If a law requires a record to be in writing, an electronic record satisfies the law.
  4. If a law requires a signature, an electronic sig

What is the e-signature law enforceable in your jurisdiction?

Missouri has adopted the Uniform Electronic Transactions Act as of August 28, 2003. It is found at Missouri Revised Statutes, Title XXVIII, Chapter 432, Sections 432.200-432.295

NEW JERSEY

Mathieu J. Shapiro, Obermayer

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

No. Any requirement that a signature be notarized or acknowledged is satisfied if the electronic signature of the person authorized to perform those acts together with all other required information is attached to or logically associated with the electronic signature. Similarly, if a statute or regulation requires that a contract or record be retained, that requirement is met by retaining an accessible, electronic record. Both the E-Signature Act and the UETA are considered "technology-neutral."

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The E-Signature Act is extremely broad, governing electronic contracts and signatures on records used in any transaction in or effecting interstate or foreign commerce. New Jersey's UETA is likewise broad, applying to any electronic record or electronic signature relating at a transaction that was created, generated, sent, communicated, received, or stored on or after the UETA's effective date, including internal auditing and accounting records connected to the transaction.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

As an Official Comment to the UETA clarifies, the UETA does not apply to unilateral actions, thereby providing a structural limitation on its scope. Consequently, any interaction that does not involve another person would not be covered by the UETA. Additionally, the UETA does not apply to the Uniform Commercial Code except for Section 1-107, Section 1-206, all of Article 2, and all of Article 2A. The UETA also does not apply to wills and codicils, testamentary trusts, adoptions, and divorce.

What is the e-signature law enforceable in your jurisdiction?

On October 1, 2000, the Federal Electronic Signatures in Global and National Commerce Act ("E-Signature Act") took effect. 15 U.S.C. § 7002. In response, the New Jersey Legislature adopted an entirely new chapter in Article 12A of its Uniform Commercial Code, called the Uniform Electronic Transactions Act ("UETA"), which became effective on June 26, 2001. N.J.S. §§ 12A:12-1 to On October 1, 2000, the Federal Electronic Signatures in Global and National Commerce Act ("E-Signature Act") took effect. 15 U.S.C. § 7002. In response, the New Jersey Legislature adopted an entirely new chapter in Article 12A of its Uniform Commercial Code, called the Uniform Electronic Transactions Act ("UETA"), which became effective on June 26, 2001. N.J.S. §§ 12A:12-1 to 12A:12-26. The UETA provides that a signature may not be denied legal effect solely for being in electronic form.

NORTH CAROLINA

Susan Costley, Smith Anderson

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

No, North Carolina does not maintain a list of trusted entities to qualify e-signatures. However, electronic notarizations are temporarily permitted due to the COVID-19 pandemic response if a notary performs the notarial act utilizing an electronic signature meeting the requirements of UETA and follows other applicable laws, and uses real-time, direct audiovisual communication (effective until December 31, 2021). N.C. Gen. Stat. § 10B-25 (amended by N.C. SL 2021-3).

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

E-signatures are permitted for most contracts, with exceptions noted below. For an e-signature to be enforceable, the parties must agree to conduct the transaction electronically, attach e-signatures with the intent to form an e-contract, and retain the e-contract (including metadata) for later reference. E-signatures with consumers have additional notice and consent requirements. N.C. Gen. Stat. §§ 40-66-315-327.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

E-signatures are not valid for wills, codicils, testamentary trusts, notices of utility service cancellation, adoption paperwork, divorce decrees, documents executed pursuant to the Uniform Commercial Code (except Articles 2 and 2A), court orders and notices, notices of default, foreclosure, repossession or eviction, cancelation of insurance benefits, product recalls, notices of product failures, or documentation accompanying transportation of hazardous materials. N.C. Gen. Stat. § 40-66-313.

What is the e-signature law enforceable in your jurisdiction?

E-signatures are enforceable in North Carolina for most types of contracts if the required procedures are followed. North Carolina follows the Uniform Electronic Transactions Act (UETA) and the Federal Electronic Signatures in Global and National Commerce Act (E-SIGN). N.C. Gen. Stat. § 40-66-311-30; 15 U.S.C. § 7001. Certain electronic notarizations are temporarily permitted in response to the COVID-19 pandemic when coupled with live audiovisual communication. N.C. Gen. Stat. § 2021-3-196.

OHIO

Rob Phillips, Vorys

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

No, Ohio does not maintain a list of trusted entities to qualify e-signatures.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

Ohio's UETA supplements state contract law to permit parties to transact business electronically, without otherwise changing the legal requirements surrounding contract formation. UETA governs all transactions in Ohio, except the creation and execution of wills, codicils, or testamentary trusts. UETA does not apply to UCC Articles 3 (Negotiable Instruments) and 9 (Secured Transactions); however, UETA does apply to other UCC sections, including Articles 2 and 2A (sales and leases).

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

UETA validates e-signatures in Ohio, but the legal consequences of e-signatures are determined by other law. Specific to Ohio, any provision of a non-electronic contract that permits conducting a transaction using electronic means is not enforceable unless the consumer separately signs such a provision, and the consumer's consent to the transaction cannot be based only on the fact that the consumer used electronic means to pay an account or register a purchase or warranty. State agencies may determine the extent to which they send and receive e-signatures.

What is the e-signature law enforceable in your jurisdiction?

In the United States, the Electronic Signatures in Global and National Commerce Act ("E-Sign") governs electronic transactions. As federal law, E-Sign preempts inconsistent state law, but does not preempt a state's enactment of the model Uniform Electronic Transactions Act ("UETA"). E-Sign contains applicable consumer-related requirements not in UETA. In Ohio, a modified version of UETA (O.R.C. §§ 1306.01 through 1306.23) governs electronic transactions. Ohio also permits online or remote notarization of documents.

PENNSYLVANIA

Mathieu J. Shapiro, Obermayer

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

No. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those services, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. See the Official Comment to 73 P.S. § 2260.307 for more information about notarizing electronic signatures.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The Electronic Transactions Act applies to "electronic records" and "electronic signatures" relating at a "transaction." The Act defines an "electronic record" as a "record created, generated, sent, communicated, received or stored by electronic means" and an "electronic signature" as an "electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record." 73 P.S. § 2260.103.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

As an Official Comment to the Act clarifies, "transaction" does not include any unilateral actions, thereby providing a structural limitation on the scope of the Act. Accordingly, any interaction that does not involve another person would not be covered by the Act, including the execution of wills or codicils, trusts, and health care powers of attorney or similar health care designations. The Act also does not apply to provisions relating to the Commercial Code, except for leases and sales.

What is the e-signature law enforceable in your jurisdiction?

On December 16, 1999, the Pennsylvania General Assembly enacted the Electronic Transactions Act, which went into effect on January 18, 2000. The Electronic Transactions Act can be found at 73 P.S. §§ 2260.101-2260.5101. Chapters 1, 3, and 5 of the Pennsylvania Electronic Transactions Act incorporate the Uniform Electronic Transactions Act, which was submitted to the state legislatures by the National Conference of Commissioners of Uniform State Laws.

TEXAS

Rob Phillips, Vorys

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

No, Texas does not seem to maintain a list of trusted entities to qualify e-signatures. Under the UETA and URPERA, an e-signature is any "electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record." Similarly, under the Texas Information Resources Management Act, which Texas agencies must follow, an e-signature is "an electronic identifier intended by a person . . . to have the same force and effect as . . . a manual signature."

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

UETA governs all transactions in Texas except those related to the creation and execution of wills, codicils, or testamentary trusts. It also does not apply to transactions governed by the UCC unless the transaction concerns UCC §§ 1.103 and 1.206, and UCC Chapters 2 and 2A. Similarly, URPERA permits the electronic filing-and therefore accepts e-signatures-of real property documents and agreements.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

E-Signatures are valid and enforceable in the State of Texas so long as they comply with the requirements delineated in each governing statute. For example, UETA transactions containing e-signatures are valid and enforceable only if all parties subject to the agreement have expressed consent and intent to enter and conduct the transaction electronically. Similarly, the e-signatures on notarial acts are legal so long as the identity of the person signing has been verified.

It is of note, however, that the reoccurring exception to the legality of e-signatures in Texas arises from the legal area of trusts and wills. Both the UETA and E-Sign name wills, codicils, or testamentary trusts as exceptions to the enforcement of e-signatures. Thus, it is suggested that parties consult the individual Texas county to determine if e-signatures are accepted when completed or filing documents pertaining or in relation to wills, codicils, or other testamentary actions.

What is the e-signature law enforceable in your jurisdiction?

In the United States, the Electronic Signatures in Global and National Commerce Act ("E-Sign") governs all electronic transactions. More specifically, in Texas, the Uniform Electronic Transactions Act ("UETA") governs commercial transactions and the Uniform Real Property Electronic Recording Act ("URPERA") governs the recording of real property electronically in Texas. The Texas Legislature also permits and facilitates notarial electronic signing. Finally, the Texas Rule of Civil Procedure 21 and Texas Rule of Appellate Procedure 9 allow e-signatures in court-related documents and filings.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.