Documents where an electronic signature is not valid
  • 22 Nov 2023
  • 1 Minute to read
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Documents where an electronic signature is not valid

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Article Summary

While electronic signatures are valid for most types of business and personal transactions, U.S. laws do have exceptions. The federal ESIGN Act restricts the use of electronic signatures for the following categories of documents:

  • Wills, testamentary trusts, and codicils (including estate planning documents obtained through LegalZoom)
  • Adoption, divorce, and other family law papers (including such documents obtained through LegalZoom)
  • Contracts governed by the Uniform Commercial Code (e.g., negotiable instruments, letters of credit, investment securities, secured transactions) other than sections 1–107 and 1–206 and Articles 2 and 2A
  • Court orders, notices, or official court documents (including briefs, pleadings, and other writings) required to be executed in connection with court proceedings
  • Notice of the cancellation or termination of utility services (including water, heat, and power)
  • Notice of 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
  • Notice of the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities)
  • Product recalls or notices of material failures that risk endangering health or safety
  • Documentation accompanying the transport of hazardous materials

Note that state electronic signature laws may contain additional exceptions to those listed above. If you have any questions regarding whether a document may be validly signed using eSignature in your jurisdiction, please seek advice from an attorney.

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