Electronic Signatures in Global and National Commerce Act (E-SIGN) | Practical Law

Electronic Signatures in Global and National Commerce Act (E-SIGN) | Practical Law

Electronic Signatures in Global and National Commerce Act (E-SIGN)

Electronic Signatures in Global and National Commerce Act (E-SIGN)

Practical Law Glossary Item 1-578-4665 (Approx. 3 pages)

Glossary

Electronic Signatures in Global and National Commerce Act (E-SIGN)

Enacted by Congress in 2000, federal legislation promoting the use of electronic signatures and contracts in interstate or foreign commerce (15 U.S.C. §§ 7001 to 7031). Contracts under E-SIGN cannot be denied legal effect solely because:
  • The signature, contract, or record is in electronic form.
  • An electronic signature or record was used in forming the contract.
Consistent with the Uniform Electronic Transactions Act (UETA), an electronic signature is defined as any electronic sound, symbol, or process that is both:
  • Attached to or associated with the contract or record.
  • Executed with the intent to sign the record.
For more information on the use of electronic signatures in real estate transactions, see Practice Note, Electronic Signatures, Recording, and Notarization Laws for Real Estate Transactions: Overview.