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What is an electronic signature?

The U.S. E-Sign Act of 2000 defines and electronic signature as: "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record."

Is an electronic signature legally binding?

Yes, although certain types of documents are excluded (discussed below). Electronic signatures are primarily governed by two major pieces of legislation: the E-Sign Act and the UETA. The federal E-Sign Act adopted in 2000 established a general rule validating electronic signatures in any transaction in and affecting interstate and foreign commerce. The Uniform Electronic Transactions Act (UETA), which govern and validate electronic signatures for intrastate transactions, has been adopted in some version by 47 states and those states they did not have enacted their own electronic signature laws.

What is the difference between an electronic and digital signature?

Digital signatures are often considered electronic fingerprints and are considered a subset of electronic signatures. Digital signatures are very complex and highly technical, making them less vulnerable to tampering or forgery. On the other hand, electronic signatures encompass a much broader group with less stringent requirements for enforcement.

What documents cannot be signed with an electronic signature?

The E-Sign Act explicitly excludes the following specific types of documents that, depending on your state, may only be valid using traditional signatures: i) wills, codicils or testamentary trusts; ii) notices concerning the cancellation of utility services or life/health insurance benefits; iii) default, acceleration, repossession, foreclosure, eviction, or cure notices under residential leases or under home equity loans; iv) product safety recall notices; v) court documents such as pleadings, notice and briefs; vi) documents relating to the shipping/handling of hazardous waste; and vii) and certain contracts governed by the Uniform Commercial Code. You should always check with a local attorney before relying on the validity of an electronic signature in your state.

I signed the document, now what?

If there are other signatories, an email inviting them to sign the document has been sent. All signatories will receive an email notifying them when all signatures have been received. At this time, they will also receive a PDF of the document with the electronic signatures and transaction record. If you initiated the signing process, you will also be notified every time one of the signatories signs the document.

If I am invited to electronically sign a document can I opt for a traditional signing option instead?

Yes. The use of electronic signatures is voluntary and requires your consent. If you would prefer to use a traditional signing method, simply press the red "Decline to Sign" button below the document.

What is a "Transaction Record"? Why Should I keep it?

The transaction record is a list of actions taken by signatories and electronic identifiers recorded during the electronic signing process. The transaction record is included with the electronic signatures and will be delivered to all signatories at the conclusion of the signing process. This record will be important if a question arises regarding a signature"s authenticity and should be retained by all interested parties.

Why do the electronic signatures not appear on the original signature page?

There are two primary reasons. First, because each uploaded user document is different, signature block locations differ from form to form, making it difficult for us to format the electronic signatures in the appropriate location. Second, for purposes of the transaction record we also include additional information regarding the authenticity of the signatory that likely did not appear in the original signature block.

Can I retract my signature after signing?

Just as if you had signed a paper document, whether your can retract your signature depends on the type of agreement. For example, some "binding offers" may not allow retraction. Generally, however, if not all required signatories have signed you may retract your signature. The FindLegalForms.com Electronic Signature Service does not include an automated feature that allows you to retract your signatures, so just as with a paper document, you will need to contact the other parties to the agreement and inform them of your decision.

How do I know when everyone has signed?

Once all signatories have signed the document, you will be notified by email. This email will also include a copy of the signed document and the transaction record.

Can we mix electronic and "wet" signatures?

Unfortunately due to the design of our process, at this time you cannot mix electronic and "wet" (traditional) signatures.

I have a key code - what do I do?

Our system has been updated. Key codes are not necessary for new documents. If you uploaded a document using a key code, you can still access these documents. Simply register for a free account on the E-Sign Home Page. Once registered, you can access the document by inputting the key on your account homepage.

I lost my key code - what do I do?

If you have lost your key, please contact our customer service department. Please have your order i.d. ready - they will need this to provide you with a duplicate code.

I don't know the email address of one of the required signatories?

Unfortunately to access the signing process and to help ensure the identity of the signatories, a valid email address is required. You can either delay initiating the signing process until you have this email address or invite the signatory at a later time.

Can I upload more than one document at a time?

Yes. You can upload up to 5 different documents per month for free.

A change has been made to the document - what do I do?

You will need to terminate the signing process, upload the new document and begin the signing process again. To terminate the signing process, press the red "Terminate Forms and Signatures" button - please note that this function is only available to the party who initiated the signing process.

I never heard from one of the invited signatories - what do I do?

You should contact the signatory either by email or another means. If they have not received the email invitation, ask them to check their SPAM folder for messages sent by FindLegalForms.com.