January 19th 2012 – The development of electronic signature and  esignature solutions is changing the way companies do business, but some companies are hesitant to adopt them because they question electronic signatures legality.

Following are tips from the leading electronic signature provider Sertifi, for  electronic signature deployments:

  • It must show the person had intent to sign the record. Intent incorporates the recording of actions taken by signers that show they knew and agreed that they were signing, and intended to be bound by their signature.
  • It is an electronic sound, mark or symbol.
  • It is logically associated with, or affixed to a record. This means the system managing the signing must be able to attach the signature to the document in a way that ensures the signature cannot be removed or modified.
  • It must be attributable to a person. When the signer makes a mark in a distinctive manner or correctly answers a series of security questions, the writing becomes attributable to the signer.

Traditionally, documents were drafted on paper and the client authenticated them by signing in ink. Since its adoption in 1996 by the National Conference of Commissioners on Uniform State Laws, 46 states in the U.S. have enacted the Uniform Electronic Transactions Act. These laws set legal requirements for electronic signatures.

An esignature has been as legally binding as a hard copy signature since the Federal Electronic Signatures in Global and National Commerce Act was signed in 2000.

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