E-signature legality in the United States
Electronic signatures are recognised federally and at state level, and cannot be denied legal effect solely because they are electronic.
Fully sufficient for ordinary business contracts. No certificate and no identity check is required by statute. What remains is evidentiary, plus the consumer disclosure rules and the exception list above.
The governing law
ESIGN Act, 2000 (15 U.S.C. chapter 96); UETA, 1999, adopted by most states; New York State Technology Law article 3 in place of UETA.
Types of signature recognised
No statutory tiers. A sound, symbol or process adopted with the intent to sign counts, which puts a typed name and a cryptographic certificate in the same legal class.
Commonly signed electronically
- Commercial supply and services contracts
- Purchase orders and statements of work
- Non-disclosure agreements
- Employment offer letters
- Equipment and goods leases
What you cannot sign electronically in the United States
This is the part worth reading twice. These documents either cannot be signed electronically at all, or need a higher-assurance form than an ordinary online signature.
- Wills, codicils and testamentary trusts
- Family law matters, including adoption and divorce
- Most of the Uniform Commercial Code, except Articles 2 and 2A
- Court orders and official court documents
- Utility shut-off, foreclosure, repossession and eviction notices for a primary residence
- Health and life insurance cancellation notices, product recall notices and hazardous materials documents
What matters in practice
Legality is almost never the issue in the US. Intent, attribution and integrity are, so keep the audit trail and a tamper-evident final PDF. Consumer transactions add real procedure through the ESIGN consent and retention rules.
FileHook produces standard electronic signatures with a tamper-evident audit log and a certificate of completion. We do not offer signer identity verification, qualified signatures, or certificates from a licensed authority. Where the notes above say you need one of those, you need a different tool, and we would rather tell you now.
Sources
This page is general information, not legal advice. Laws change and the right answer depends on your document and your situation. Check with a qualified lawyer in the relevant country before relying on it for anything that matters.
Send a document for signature
Upload a PDF, place the fields, and send it. Free for 3 documents every 30 days, with an audit trail and a completion certificate.
Send for signature