Introduction
E-signatures offer great convenience, but navigating the legal landscape can be a daunting task. E-signature laws differ based on the state in the United States. The last thing you want is to find yourself on shaky legal ground with your digital signature.
In this blog, we’ll decode electronic signature laws across the US, so you know what’s legal and what isn’t in prominent states in the country. Continue reading to understand e-signature laws in your state, so you can sign worry-free, knowing you’re on the right side of the law.
Electronic Signature Laws by State in the US
Picture this: you’ve just been offered a new job for which you need to sign some paperwork, including your employment contract. But the company is based in another state. Can you simply e-sign it, and will it be valid? The answer is, depends. As e-sign laws differ by state, it’s imperative to understand them, both in your state as well as your employer’s.
The regulation of electronic signatures is two-pronged in the US.
- Electronic Signatures in Global and National Commerce (E-SIGN) Act
- Uniform Electronic Transactions Act (UETA)
The federal law – the Electronic Signatures in Global and National Commerce (E-SIGN) Act – sets the foundation for the legality of electronic signatures. However, it’s not the only one. Several states have adopted the Uniform Electronic Transactions Act (UETA), which complements or sometimes modifies the E-SIGN Act. We dive deep into both these laws below to see how they’re applied across some prominent states in the US.
Federal Law: Electronic Signature Act
At the federal level, there is the E-SIGN Act. It was signed into law in 2000 and establishes that electronic signatures are just as valid as their handwritten counterparts. Additionally, it recognizes the states’ right to enact their own rules regarding electronic signatures.
Uniform Electronic Transactions Act (UETA)
UETA, the state-level player, is a model law that offers guidance for states on how to govern electronic signatures and transactions. States can adopt UETA as is, modify it, or even come up with their own unique rules. While most states have adopted UETA, some states haven’t and rely solely on the E-SIGN Act.
Electronic Signature Laws by State
Electronic Signature laws are valid in all 50 states, but are subject to change, so it’s advisable to always consult your legal counsel or the official state website for the most current information. E-signatures are legal in all US states, but some states have additional or alternate laws. Find out the electronic signature laws by state in the United States from the table below:
| State | Electronic Signature Laws |
|---|---|
| Alabama | E-sign & UETA Acts |
| Alaska | E-sign & UETA Acts |
| Arinoza | E-sign, UETA & Arizona Electronic Transactions (AETA) Acts |
| Arkansas | E-sign & UETA Acts |
| California | E-sign & UETA Acts |
| Colorado | E-sign & UETA Acts |
| Connecticut | E-sign & UETA Acts |
| Delaware | E-sign & UETA Acts |
| Florida | E-sign & UETA Acts |
| Georgia | E-sign & UETA Acts |
| Hawaii | E-sign & UETA Acts |
| Idaho | E-sign & UETA Acts |
| Illinois | E-sign & UETA Acts |
| Indiana | E-sign & UETA Acts |
| Iowa | E-sign & UETA Acts |
| Kansas | E-sign & UETA Acts |
| Kentucky | E-sign & UETA Acts |
| Louisiana | E-sign & UETA Acts |
| Maine | E-sign & UETA Acts |
| Maryland | E-sign & UETA Acts |
| Massachusetts | E-sign & UETA Acts |
| Michigan | E-sign & UETA Acts |
| Minnesota | E-sign & UETA Acts |
| Mississippi | E-sign & UETA Acts |
| Missouri | E-sign & UETA Acts |
| Montana | E-sign & UETA Acts |
| Nebraska | E-sign & UETA Acts |
| Nevada | E-sign, UETA and Nevada Electonic Transactions (NETA) Acts |
| New Hampshire | E-sign & UETA Acts |
| New Jersey | E-sign & UETA Acts |
| New Mexico | E-sign & UETA Acts |
| New York | E-sign, UETA & Electronic Signatures and Records (ESRA) Acts |
| North Carolina | E-sign & UETA Acts |
| North Dakota | E-sign & UETA Acts |
| Ohio | E-sign & UETA Acts |
| Oklahoma | E-sign & UETA Acts |
| Oregon | E-sign & UETA Acts |
| Pennsylvania | E-sign & UETA Acts |
| Rhode Island | E-sign & UETA Acts |
| South Carolina | E-sign & UETA Acts |
| South Dakota | E-sign & UETA Acts |
| Tennessee | E-sign & UETA Acts |
| Texas | E-sign & UETA Acts |
| Utah | E-sign & UETA Acts |
| Vermont | E-sign & UETA Acts |
| Virginia | E-sign & UETA Acts |
| Washington | E-sign & UETA Acts |
| West Virginia | E-sign & UETA Acts |
| Wisconsin | E-sign & UETA Acts |
| Wyoming | E-sign & UETA Acts |
California
California being a tech hub, has adopted electronic signatures wholeheartedly. It follows both the E-SIGN Act and UETA. You can use electronic signatures for various agreements, from real estate transactions to business contracts. However, it’s necessary to keep records of these electronic signatures for five years.
New York
New York has also adopted the E-SIGN Act and UETA. Electronic signatures are generally enforceable, but there are exceptions. Certain documents like wills, trusts, and documents subject to the Uniform Commercial Code may require wet signatures. Always be mindful of the kind of document you are signing.
Texas
The Lone Star State follows the E-SIGN Act and UETA. Electronic signatures are generally recognized for most transactions. However, real estate transactions in Texas often have specific requirements, and some documents might still require in-person signatures, like promissory notes or deeds of trust.
Florida
Florida is another state that follows both the E-SIGN Act and UETA. Electronic signatures are valid for most transactions, and Florida has even passed specific legislation addressing electronic wills. However, certain documents, like health care directives, may require handwritten signatures.
Illinois
Illinois, the Land of Lincoln, has also adopted both the E-SIGN Act and UETA. Electronic signatures are considered legally binding. However, like many states, Illinois carves out exceptions for certain documents such as wills, trusts, and family law documents.
Compliance with the Law
Follow these few key steps to ensure compliance with electronic signature laws in your state:
- Consult legal counsel: If you’re ever unsure, it’s always a good idea to consult a lawyer who specializes in electronic signature laws. They can provide guidance tailored to your specific situation.
- Stay informed: Laws can be modified, so it’s crucial to stay informed about the latest regulations in your state. The official state website or legal news sources are good places to start.
- Choose a reputable e-signature service: When using electronic signatures, make sure you select a reputable service that complies with state and federal laws. One such service is SignatureGenerator, a SaaS platform designed to assist users in generating a wide range of signatures, be it personalized handwritten signatures, professionally typed signatures, or sleek email signatures—this platform has it all!
- Keep records: Most states require you to keep records of electronically signed documents. It’s recommended to maintain these records for several years to ensure compliance.
- Understand the document: Know the type of document you are signing. Some documents may have specific requirements for handwritten signatures, and you wouldn’t want to overlook that.
Conclusion
E-signature laws in the United States are different in each state. It’s important to take the time to understand the laws in your state and keep up with any changes that are made. And of course, when in doubt, consult with a legal professional who specializes in electronic signature laws. Technology will continue to evolve, and so will the landscape of electronic signature regulations.
As you keep yourself abreast with the ever-changing law, it is useful to have a good yet simple e-signature service like SignatureGenerator at your fingertips. It’s a legitimate and hassle-free way to not only sign documents, but also save time, and reduce the wastage of paper.
References
https://en.wikipedia.org/wiki/Uniform_Electronic_Transactions_Act