Explainer

Is an electronic signature legally binding?

Yes, for most documents. In the United States the federal ESIGN Act and the Uniform Electronic Transactions Act adopted by almost every state give electronic signatures the same legal effect as ink, as long as the signers agreed to sign electronically and a record of the signing is kept. Wills, some family-law documents and notarized papers are common exceptions.

What makes it hold up

Intent to sign, consent to do business electronically, and a reliable record of who signed what and when. A good signing record captures all three.

Where to be careful

Wills and testamentary trusts, some court and family-law papers, and anything that needs a notary often follow different rules. Ask a lawyer when in doubt.

Outside the US

The EU, UK and Canada also recognise electronic signatures, with their own levels and rules. Check the country where the document will be used.

Quick answers

Is a typed name a signature?

It can be, when the person typed it intending to sign and agreed to sign electronically.

Do I need special software?

You need a process that records consent and who signed. That record is what makes the signature easy to prove.

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