Legality

Yes. Electronic signatures are generally legally binding under the Electronic Signatures in Global and National Commerce Act (ESIGN) and Uniform Electronic Transactions Act (UETA). These acts define an electronic signature as “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.”

Nevertheless, electronic signature laws contain exceptions for certain documents, like wills and trusts, that generally must be signed by hand. If you have any questions about the legal effect of using electronic signatures to sign a particular document in your jurisdiction, you should consult with an attorney.

All documents sent using our eSignature service are encrypted and use industry-standard security protocols. We provide an electronic signature summary report that identifies each signer and confirms the document’s integrity throughout the signing process.

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.

Yes, you can purchase one of our affordable legal plans that provide unlimited 30-minute consultations on new legal matters, including a review of LegalZoom forms and other documents up to 10 pages. To purchase a legal plan and get legal guidance from a member of our attorney network, click on Get legal advice at the top of the document editor.