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Clause survey / Electronic signature

Electronic signature

28 states, 28 rules, 254 authorities. Each state's card gives the rule, the trap that makes a clause drafted elsewhere fail there, and every authority with the sentences that state the rule. A state not listed is one we do not answer this family for.

27 of 28 read at the 2026-10-03 bar. A rule read at an earlier bar is not a rule that passes this one, and each card says which it is.

  1. read at the 2026-10-03 bar

    Is an e-signed Alabama contract enforceable, and does it satisfy a writing requirement?

    Yes, within the Uniform Electronic Transactions Act as Alabama enacted it, though the chapter does not require any record or signature to be made, sent, stored or used electronically (§ 8-1A-5(a)), and a transaction subject to the chapter remains subject to other applicable substantive law (§ 8-1A-3(e), § 8-1A-5(e)). A record or signature may not be denied legal effect or enforceability solely because it is in electronic form; a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation; if a law requires a record to be in writing, an electronic record satisfies the law; and if a law requires a signature, an electronic signature satisfies the law (Ala. Code § 8-1A-7). The chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means, and whether they agreed is determined from the context and surrounding circumstances, including the parties' conduct (§ 8-1A-5(b)). It does not apply to a transaction to the extent it is governed by a law on the creation and execution of wills, codicils or testamentary trusts, by Title 7 (the Uniform Commercial Code) other than §§ 7-1-107 and 7-1-206, Article 2 and Article 2A, or by a law governing adoption, divorce or other matters of family law (§ 8-1A-3(b)); nor to court filings and orders, to notices of utility cancellation, of default, acceleration, repossession, foreclosure or eviction under a credit agreement secured by or a rental agreement for an individual's primary residence, of cancellation of health or life insurance benefits, or of a product recall or material failure risking health or safety, or to documents accompanying hazardous materials (§ 8-1A-3(c)).

    The trap

    Three limits do the work. The chapter reaches only parties who agreed to transact electronically, and that agreement is inferred from conduct rather than declared, so a party who has never transacted electronically can contest it. Agreeing once does not lock a party in: a party that agrees to transact electronically may refuse to conduct other transactions electronically, and that right may not be waived by agreement (§ 8-1A-5(c)). Everything else in the chapter is a default, except as the chapter itself provides, the effect of its provisions may be varied by agreement (§ 8-1A-5(d)). And the exclusions are partial, not absolute: § 8-1A-3(d) applies the chapter to an otherwise-excluded electronic record to the extent it is governed by a law other than those specified. A security agreement, negotiable instrument or other Article 9 or Article 3 record is outside the chapter as to what Title 7 governs, while sales of goods (Article 2) and leases (Article 2A) stay inside it.

    as of 2026-09-17

    3 authorities

    • statuteAla. Code § 8-1A-7enactment date not established
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      (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
    • statuteAla. Code § 8-1A-5enactment date not established
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      (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct. (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement. (d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
    • statuteAla. Code § 8-1A-3enactment date not established
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      (a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by any of the following: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts. (2) Title 7, the Uniform Commercial Code, other than Sections 7-1-107 and 7-1-206, Article 2, and Article 2A. (3) A statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law. (c) This chapter does not apply to any of the following: (1) Court orders or notices, or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings. (2) Any notice of any of the following: a. The cancellation or termination of utility services, including water, heat, and power. b. 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. c. The cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities. d. Recall of a product, or material failure of a product, that risks endangering health or safety. (3) Any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials. (d) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) or (c) to the extent it is governed by a law other than those specified in subsection (b) or (c). (e) A transaction subject to this chapter is also subject to other applicable substantive law.
  2. read at the 2026-10-03 bar

    Is an electronically signed version of this contract valid in Alaska?

    Generally yes, but only within a scope that both parties actually opted into. The chapter applies "[e]xcept as otherwise provided in (b) and (c) of this section" to "electronic records and electronic signatures relating to a transaction" (AS 09.80.010(a)). Within that scope it "applies only to transactions between parties each of whom has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct" (AS 09.80.020(b)). And that agreement is not a one-way ratchet: "A party who agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement" (AS 09.80.020(c)). That no-waiver rule is the exception rather than the pattern: otherwise, "[e]xcept as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement" (AS 09.80.020(d)).

    The trap

    The chapter carves out entire subject areas regardless of the parties' agreement to go electronic: "This chapter does not apply to a transaction to the extent it is governed by (1) a law governing the creation and execution of wills, codicils, or testamentary trusts", and, separately, most of the Uniform Commercial Code is excluded too: AS 09.80.010(b)(2) applies the chapter to the UCC "other than AS 45.01.306, AS 45.02, AS 45.12, and, to the extent allowed by AS 45.07.113(c), AS 45.07": meaning UETA's validation of electronic signatures reaches UCC Article 2 (sales, AS 45.02), Article 2A (AS 45.12, whose short title is "the Uniform Commercial Code — Leases"), AS 45.01.306 and a slice of Article 7 (AS 45.07, documents of title), but the REST of the UCC (including, notably, Article 9 secured transactions) is excluded from this chapter by its own text. Do not read that exclusion as total, though, because subsection (d) hands part of it back: the chapter still "applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under (b) or (c) of this section to the extent it is governed by a law other than those specified in (b) or (c) of this section" (AS 09.80.010(d)). A record that serves two purposes, one excluded and one not, is excluded only as to the excluded law.

    as of 2026-09-21

    9 authorities

    • statuteAS 09.80.040enactment date not established
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      (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
    • statuteAS 09.80.010enactment date not established
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      This chapter does not apply to a transaction to the extent it is governed by (1) a law governing the creation and execution of wills, codicils, or testamentary trusts
    • statuteAS 09.80.020enactment date not established
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      This chapter applies only to transactions between parties each of whom has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statuteAS 09.80.020enactment date not established
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      A party who agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statuteAS 45.12.101enactment date not established
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      This chapter may be cited as the Uniform Commercial Code — Leases.
    • statuteAS 09.80.010enactment date not established
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      the Uniform Commercial Code other than AS 45.01.306 , AS 45.02 , AS 45.12 , and, to the extent allowed by AS 45.07.113 (c), AS 45.07 .
    • statuteAS 09.80.010enactment date not established
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      Except as otherwise provided in (b) and (c) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction.
    • statuteAS 09.80.010enactment date not established
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      This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under (b) or (c) of this section to the extent it is governed by a law other than those specified in (b) or (c) of this section.
    • statuteAS 09.80.020enactment date not established
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      Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed,” or words of similar meaning, does not imply that the effect of other provisions may not be varied by agreement.
  3. read at the 2026-10-03 bar

    Is this contract unenforceable because it was signed electronically, and is the click-through agreement to transact electronically good enough?

    Electronic form is not a defence: a record or signature may not be denied legal effect or enforceability solely because it is in electronic form, a contract may not be denied effect solely because an electronic record was used in its formation, an electronic record satisfies a law requiring a writing, and an electronic signature satisfies a law requiring a signature (Civ. Code § 1633.7). Both rules operate only where the title applies at all: § 1633.3(b)-(c) excludes transactions subject to a law governing the creation and execution of wills, codicils or testamentary trusts; to Division 1 of the Uniform Commercial Code (except Sections 1206 and 1306) and Divisions 3, 4, 5, 8, 9 and 11; to a law requiring specifically identifiable text or disclosures to be separately signed (with the exceptions stated there); and to a long list of specifically enumerated transactions. And California's UETA applies ONLY to a transaction between parties each of which has agreed to conduct the transaction by electronic means, and § 1633.5(b) constrains how that agreement may be obtained: except for a separate and optional agreement whose primary purpose is to authorise electronic transacting, the agreement may not be contained in a standard form contract that is not an electronic record, may not be conditioned on agreeing to transact electronically, and may not be inferred solely from the fact that a party used electronic means to pay an account or register a purchase or warranty. That subdivision may not be varied by agreement. Two more things the title fixes. A party that has agreed to transact electronically "may refuse to conduct other transactions by electronic means", and a buyer who bought electronically from a seller that sells both ways may refuse further electronic dealings on those goods or services; that subdivision too may not be varied by agreement (§ 1633.5(c)). And an exclusion under § 1633.3(b) or (c) only takes the transaction out of this title; it does not prohibit conducting it electronically where other law allows (§ 1633.3(f)). Attribution is a separate question: an electronic record or signature is attributable to a person if it was the act of the person, shown in any manner including the efficacy of a security procedure (§ 1633.9(a)).

    The trap

    A consent-to-electronic-records clause buried in a paper standard form does not count, consent cannot be made a condition of the deal, and the customer's use of an electronic payment is not by itself consent (it 'may not be inferred solely from' that fact), and that much cannot be contracted around, because § 1633.5(b) closes with 'This subdivision may not be varied by agreement.' The rest of the title is the other way round: except as otherwise provided in it, 'the effect of any of its provisions may be varied by agreement' (§ 1633.5(d)), so it is subdivisions (b) and (c), not the whole title, that are beyond the reach of a drafter. Where those conditions are not met, or the transaction is on § 1633.3's exclusion lists, the title does not apply to it, and the signature question falls back on other law. The separate-signature exclusion has an exception inside it, and the double negative is the trap. § 1633.3(b)(4) puts outside the title “A law that requires that specifically identifiable text or disclosures in a record or a portion of a record be separately signed, including initialed, from the record. However, this paragraph does not apply to Section 1677 or 1678 of this code or Section 1298 of the Code of Civil Procedure.” So a law demanding separately initialled text generally takes the transaction out of California's electronic-transactions title, but NOT the liquidated-damages provisions for real property purchase contracts in Civ. Code §§ 1677 and 1678, nor the real-estate arbitration provision in Code Civ. Proc. § 1298. Those three stay inside the title and can be signed electronically even though §§ 1677 and 1678 require the liquidated-damages provision to be separately signed or initialed by each party to the contract, and § 1298 prescribes an initialled assent immediately below the arbitration provision.

    as of 2026-09-16

    13 authorities

    • statuteCal. Civ. Code § 1633.7enactment date not established
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      (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
    • statuteCal. Civ. Code § 1633.5enactment date not established
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      (b) This title applies only to a transaction between parties each of which has agreed to conduct the transaction by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct. Except for a separate and optional agreement the primary purpose of which is to authorize a transaction to be conducted by electronic means, an agreement to conduct a transaction by electronic means may not be contained in a standard form contract that is not an electronic record. An agreement in such a standard form contract may not be conditioned upon an agreement to conduct transactions by electronic means. An agreement to conduct a transaction by electronic means may not be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase or warranty. This subdivision may not be varied by agreement.
    • statuteCal. Civ. Code § 1633.3enactment date not established
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      (a) Except as otherwise provided in subdivisions (b) and (c), this title applies to electronic records and electronic signatures relating to a transaction. (b) This title does not apply to transactions subject to any of the following laws: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts. (2) Division 1 (commencing with Section 1101) of the Uniform Commercial Code, except Sections 1206 and 1306. (3) Divisions 3 (commencing with Section 3101), 4 (commencing with Section 4101), 5 (commencing with Section 5101), 8 (commencing with Section 8101), 9 (commencing with Section 9101), and 11 (commencing with Section 11101) of the Uniform Commercial Code. (4) A law that requires that specifically identifiable text or disclosures in a record or a portion of a record be separately signed, including initialed, from the record. However, this paragraph does not apply to Section 1677 or 1678 of this code or Section 1298 of the Code of Civil Procedure.
    • statuteCal. Civ. Code § 1633.5enactment date not established
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      (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. If a seller sells goods or services by both electronic and nonelectronic means and a buyer purchases the goods or services by conducting the transaction by electronic means, the buyer may refuse to conduct further transactions regarding the goods or services by electronic means. This subdivision may not be varied by agreement.
    • statuteCal. Civ. Code § 1633.3enactment date not established
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      (d) This title applies to an electronic record or electronic signature otherwise excluded from the application of this title under subdivision (b) when used for a transaction subject to a law other than those specified in subdivision (b). (e) A transaction subject to this title is also subject to other applicable substantive law. (f) The exclusion of a transaction from the application of this title under subdivision (b) or (c) shall be construed only to exclude the transaction from the application of this title, but shall not be construed to prohibit the transaction from being conducted by electronic means if the transaction may be conducted by electronic means under any other applicable law. (g) Notwithstanding subdivisions (b) and (c), this title shall apply to electronic records and electronic signatures relating to transactions conducted by a person licensed, certified, or registered pursuant to the Alarm Company Act (Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code) for purposes of activities authorized by Section 7599.54 of the Business and Professions Code.
    • statuteCal. Civ. Code § 1633.9enactment date not established
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      (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (b) The effect of an electronic record or electronic signature attributed to a person under subdivision (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
    • statuteCal. Civ. Code § 1633.3enactment date not established
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      (c) This title does not apply to any specific transaction described in Section 17511.5 of the Business and Professions Code, Section 798.14, 1133, or 1134 of, Section 1689.6, 1689.7, or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14, 1789.16, or 1793.23 of, Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5, 1917.712, 1917.713, 1950.6, 1983, 2924b, 2924c, 2924f, 2924i, 2924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section 2945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section 2954.5 or 2963 of, Chapter 2b (commencing with Section 2981) or 2d (commencing with Section 2985.7) of Title 14 of Part 4 of Division 3 of, Section 3071.5 of, Part 5 (commencing with Section 4000) of Division 4 of, or Part 5.3 (commencing with Section 6500) of Division 4 of, this code, subdivision (b) of Section 18608 or Section 22328 of the Financial Code, Section 1358.15, 1365, 1368.01, 1368.1, 1371, or 18035.5 of the Health and Safety Code, Section 786 as it applies to individual and group disability policies, 10199.44, 10199.46, 10235.16, 10235.40, 11624.09, or 11624.1 of the Insurance Code, Section 779.1, 10010.1, or 16482 of the Public Utilities Code, or Section 9975 or 11738 of the Vehicle Code. An electronic record may not be substituted for any notice that is required to be sent pursuant to Section 1162 of the Code of Civil Procedure. This subdivision does not prohibit the recordation of any document with a county recorder by electronic means.
    • statuteCal. Civ. Code § 1633.2enactment date not established
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      (h) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. For purposes of this title, a “digital signature” as defined in subdivision (d) of Section 16.5 of the Government Code is a type of electronic signature.
    • statuteCal. Civ. Code § 1633.4enactment date not established
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      This title applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2000.
    • statuteCal. Civ. Code § 1633.5enactment date not established
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      (d) Except as otherwise provided in this title, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this title of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
    • statuteCal. Civ. Code § 1677enactment date not established
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      A provision in a contract to purchase and sell real property liquidating the damages to the seller if the buyer fails to complete the purchase of the property is invalid unless: (a) The provision is separately signed or initialed by each party to the contract; and (b) If the provision is included in a printed contract, it is set out either in at least 10-point bold type or in contrasting red print in at least eight-point bold type.
    • statuteCal. Civ. Code § 1678enactment date not established
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      If more than one payment made by the buyer is to constitute liquidated damages under Section 1675, the amount of any payment after the first payment is valid as liquidated damages only if (1) the total of all such payments satisfies the requirements of Section 1675 and (2) a separate liquidated damages provision satisfying the requirements of Section 1677 is separately signed or initialed by each party to the contract for each such subsequent payment.
    • statuteCal. Civ. Proc. Code § 1298enactment date not established
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      (c) Immediately before the line or space provided for the parties to indicate their assent or nonassent to the arbitration provision described in subdivision (a) or (b), and immediately following that arbitration provision, the following shall appear: “NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‛ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‛ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‛ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.” If the above provision is included in a printed contract, it shall be set out either in at least 10-point bold type or in contrasting red print in at least 8-point bold type, and if the provision is included in a typed contract, it shall be set out in capital letters.
  4. read at the 2026-10-03 bar

    Is an e-signed contract enforceable in Connecticut, and does it satisfy a writing requirement?

    Yes, within the Connecticut Uniform Electronic Transactions Act, §§ 1-266 to 1-286, which apply to an electronic record or signature created, generated, sent, communicated, received or stored on or after October 1, 2002 (§ 1-269). A record or signature may not be denied legal effect or enforceability solely because it is in electronic form; a contract may not be denied legal effect solely because an electronic record was used in its formation; if a law requires a writing an electronic record satisfies it, and if a law requires a signature an electronic signature satisfies it (§ 1-272). An electronic signature is one 'executed or adopted by a person with the intent to sign the record' (§ 1-267(8)). The Act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means, determined from the context and surrounding circumstances including the parties' conduct (§ 1-270(b)).

    The trap

    Consent is an element, not a formality: § 1-270(b) makes the Act apply only between parties who agreed to transact electronically. And the Act does not reach everything: § 1-268(b) excludes wills, codicils and testamentary trusts, and the Uniform Commercial Code other than § 42a-1-306 and Articles 2 and 2A, so a transaction is outside the Act to the extent the rest of the Uniform Commercial Code governs it. The UCC exclusion is itself 'Except to the extent provided in section 1-281': an electronic record that would be a note under article 3 or a document under article 7 if it were in writing, and that the issuer expressly has agreed is a transferable record, is dealt with by § 1-281. § 1-268(c)(2) also excludes a notice to the extent it is governed by a law requiring notice of cancellation or termination of utility services; of default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, an individual's primary residence; of cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); of a product recall or material failure that risks endangering health or safety; or any document required to accompany the transportation or handling of hazardous materials, unless the notice is subject to 15 USC 7003. § 1-268(d) excludes the rules of court practice and procedure under the Connecticut Practice Book. None of those exclusions is absolute: § 1-268(e) applies §§ 1-266 to 1-286 to an electronic record or electronic signature otherwise excluded under subsection (b), (c) or (d) 'to the extent that the electronic record or electronic signature is governed by a law other than those specified in' those subsections. And § 1-270(d) lets the parties vary the effect of any provision of §§ 1-266 to 1-286 by agreement except where those sections provide otherwise.

    as of 2026-09-16

    16 authorities

    • statuteConn. Gen. Stat. § 1-272enactment date not established
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      (a) A record or signature may not be denied legal effect or enforceability solely because the record or signature is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in the formation of the contract. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
    • statuteConn. Gen. Stat. § 1-270enactment date not established
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      (b) Sections 1-266 to 1-286 , inclusive, apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context of the transaction and surrounding circumstances, including the parties' conduct.
    • statuteConn. Gen. Stat. § 1-268enactment date not established
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      (b) Sections 1-266 to 1-286 , inclusive, do not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils or testamentary trusts; or (2) Except to the extent provided in section 1-281 , the Uniform Commercial Code, other than section 42a-1-306 and articles 2 and 2A of title 42a.
    • statuteConn. Gen. Stat. § 1-281enactment date not established
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      (a) As used in this section, “transferable record” means an electronic record that: (1) Would be a note under article 3 of title 42a, or other similar law, or a document under article 7 of title 42a, or other similar law, if the electronic record were in writing; and (2) The issuer of the electronic record expressly has agreed is a transferable record.
    • statuteConn. Gen. Stat. § 1-269enactment date not established
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      Sections 1-266 to 1-286 , inclusive, apply to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after October 1, 2002.
    • statuteConn. Gen. Stat. § 1-268enactment date not established
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      (2) Unless a notice is subject to the Electronic Signatures in Global and National Commerce Act, 15 USC 7003, sections 1-266 to 1-286 , inclusive, do not apply to a notice to the extent that it is governed by a law requiring the furnishing of:
    • statuteConn. Gen. Stat. § 1-268enactment date not established
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      (A) Notice of the cancellation or termination of utility services, including water, heat, gas, cable television or other services, oil, telephone and electric power; (B) 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; (C) Notice of the cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities; (D) Notice of the recall of a product, or the material failure of a product, that risks endangering health or safety; or (E) Any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials.
    • statuteConn. Gen. Stat. § 1-268enactment date not established
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      (d) Sections 1-266 to 1-286 , inclusive, do not apply to any of the rules of court practice and procedure under the Connecticut Practice Book.
    • statuteConn. Gen. Stat. § 1-268enactment date not established
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      (e) Sections 1-266 to 1-286 , inclusive, apply to an electronic record or electronic signature otherwise excluded from the application of sections 1-266 to 1-286 , inclusive, under subsection (b), (c) or (d) of this section to the extent that the electronic record or electronic signature is governed by a law other than those specified in subsection (b), (c) or (d) of this section.
    • statuteConn. Gen. Stat. § 1-266enactment date not established
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      Sections 1-266 to 1-286 , inclusive, shall be known and may be cited as the “Connecticut Uniform Electronic Transactions Act”.
    • statuteConn. Gen. Stat. § 1-267enactment date not established
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      (8) “Electronic signature” means an 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.
    • statuteConn. Gen. Stat. § 1-267enactment date not established
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      (16) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, consumer, commercial, charitable or governmental affairs.
    • statuteConn. Gen. Stat. § 1-268enactment date not established
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      (a) Except as otherwise provided in subsection (b) or (c) of this section, sections 1-266 to 1-286 , inclusive, apply to electronic records and electronic signatures relating to a transaction.
    • statuteConn. Gen. Stat. § 1-268enactment date not established
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      (c) (1) Sections 1-266 to 1-286 , inclusive, apply to a transaction governed by the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but are not intended to limit, modify or supersede the provisions of 15 USC 7001(c); and
    • statuteConn. Gen. Stat. § 1-268enactment date not established
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      (f) A transaction subject to sections 1-266 to 1-286 , inclusive, is also subject to other applicable substantive law.
    • statuteConn. Gen. Stat. § 1-270enactment date not established
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      (d) Except as otherwise provided in sections 1-266 to 1-286 , inclusive, the effect of any provision of sections 1-266 to 1-286 , inclusive, may be varied by agreement. The presence in certain provisions of sections 1-266 to 1-286 , inclusive, of the words “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences is determined by sections 1-266 to 1-286 , inclusive, and other applicable law.
  5. read at the 2026-10-03 bar

    Is a contract signed electronically enforceable in Delaware, and does it satisfy a writing or signature requirement?

    Yes, within the chapter's scope and absent contrary agreement. Under Delaware's Uniform Electronic Transactions Act, a record or signature may not be denied legal effect or enforceability solely because it is in electronic form; a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation; where a law requires a record to be in writing, an electronic record satisfies it; and where a law requires a signature, an electronic signature satisfies it. The chapter does not apply to the extent a transaction is governed by the law of wills, by the UCC other than Articles 2 and 2A (and two Article 1 sections), by the Uniform Computer Information Transactions Act, by the General Corporation Law, the Professional Service Corporation Act, the LLC, LP and partnership Acts or the Statutory Trust Act, or by the bank corporation laws (§ 12A-103(b)), so a Delaware LLC agreement or a negotiable instrument is outside the chapter to the extent those laws govern it, though § 12A-103(c) brings the record or signature back INSIDE the chapter to the extent it is governed by any other law, and § 12A-103(d) leaves a covered transaction subject to other applicable substantive law besides. And the Act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means, an agreement determined from the context and surrounding circumstances, including the parties' conduct (§ 12A-105(b)).

    The trap

    The Act is consent-based, not automatic: § 12A-105(b) makes the chapter apply only where each party has agreed to transact electronically, so the enforceability rule presupposes that agreement (which may be shown by conduct), and under § 12A-105(c) a party that agreed to one electronic transaction may refuse others, a right that cannot be waived by agreement. The default runs the other way for the rest of the chapter: under § 12A-105(d) the effect of its provisions may be varied by agreement except where the chapter provides otherwise (as § 12A-105(c) does and § 12A-107 does not), so a contractual requirement of an original handwritten signature is not cured by § 12A-107. Section 12A-117 is the forum provision, and both of its subsections matter: (a) lets the parties to an electronic contract choose an exclusive judicial forum, subjects that choice to §§ 1-301 and 2708 of this title, and makes it unenforceable in a consumer contract if the choice is unreasonable and unjust; (b) says a judicial forum specified in an agreement is not exclusive unless the agreement expressly so provides. And the electronic-form rule cures FORM only: 6 Del. C. § 2714's requirement that an agent's authority to sign for the party to be charged be given in writing is not dispensed with, though where the chapter applies, § 12A-107(c) lets an electronic record BE that writing.

    as of 2026-09-17

    7 authorities

    • statute6 Del. C. § 12A-107enactment date not established
      Show the words that state the rule
      (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
    • statute6 Del. C. § 12A-105enactment date not established
      Show the words that state the rule
      (b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct. (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement. (d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
    • statute6 Del. C. § 12A-117enactment date not established
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      A judicial forum specified in an agreement is not exclusive unless the agreement expressly so provides.
    • statute6 Del. C. § 12A-103enactment date not established
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      This chapter does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills or codicils; (2) The Uniform Commercial Code other than Sections 1-107 [see now Section 1-306] and 1-206 [former version of Section 1-206, to which this reference referred, has been repealed], Article 2, and Article 2A; (3) The Uniform Computer Information Transactions Act; (4) The General Corporation Law of the State [§§ 101 to 398 of Title 8], the Delaware Professional Service Corporation Act [§ 601 et seq. of Title 8], the Delaware Revised Uniform Partnership Act [§ 15-101 et seq. of this title], the Delaware Revised Uniform Limited Partnership Act [§ 17-101 et seq. of this title], the Delaware Limited Liability Company Act [§ 18-101 et seq. of this title], the Delaware Uniform Partnership Law and the Delaware Statutory Trust Act [§ 3801 et seq. of Title 12]; (5) The Corporation Law for State Banks and Trust Companies, Credit Card Institutions and the Corporation Law for State Savings Banks in Chapters 7, 15 and 16, respectively, of Title 5. (c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) of this section to the extent it is governed by a law other than those specified in subsection (b) of this section. (d) A transaction subject to this chapter is also subject to other applicable substantive law.
    • statute6 Del. C. § 12A-117enactment date not established
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      (a) The parties to an electronic contract may choose an exclusive judicial forum; provided, however, that the provisions of §§ 1-301 and 2708 of this title shall apply to such choice; provided further that if the contract is a consumer contract the choice is not enforceable if such choice is unreasonable and unjust.
    • statute6 Del. C. § 12A-105enactment date not established
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      (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statute6 Del. C. § 2714enactment date not established
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      No action shall be brought to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of 1 year from the making thereof, or to charge any person to answer for the debt, default, or miscarriage, of another, in any sum of the value of $25 and upwards, unless the contract is reduced to writing, or some memorandum, or notes thereof, are signed by the party to be charged therewith, or some other person thereunto by the party lawfully authorized in writing; except for goods, wares and merchandise, sold and delivered, money loaned and other matters which are properly chargeable in an account, in which case the oath or affirmation of the plaintiff, together with a record regularly and fairly kept, shall be allowed to be given in evidence in order to charge the defendant with the sums therein contained.
  6. read at the 2026-10-03 bar

    Is this contract unenforceable because it was signed electronically, and does Florida's UETA cover it?

    No: under Fla. Stat. § 668.50(7) a record or signature may not be denied legal effect or enforceability solely because it is electronic, a contract may not be denied effect solely because an electronic record was used in its formation, an electronic record satisfies a law requiring a writing, and an electronic signature satisfies a law requiring a signature. But § 668.50 applies only to transactions between parties EACH of which has agreed to conduct transactions by electronic means, and whether they agreed is determined from the context and surrounding circumstances, including the parties' conduct.

    The trap

    The gate is agreement, not form. A party who never agreed to transact electronically is outside the section entirely, and the agreement is proved by context and conduct rather than by a clause, so the fight in Florida is evidentiary, not formal. § 668.50(5)(c) adds that a party who agreed to transact electronically may refuse to conduct OTHER transactions electronically, and that right cannot be waived by agreement. The scope subsection matters too. § 668.50(3)(a) applies the section to electronic records and signatures 'relating to a transaction', and 'transaction' is a defined term: § 668.50(2)(p) makes it an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, insurance or governmental affairs, so a purely internal or non-commercial act is outside the section before the agreement gate is ever reached. Then § 668.50(3)(b) carves out: the section does not apply to a transaction governed by the law of wills, codicils or testamentary trusts, by the Uniform Commercial Code other than s. 671.107 and chapters 672 and 680, or by the Uniform Computer Information Transactions Act. And (3)(c) takes out transactions governed by rules of judicial procedure except as to subsections (2), (9) and (11). Do not read those carve-outs as absolute, and do not read the non-waivable right as the pattern. Paragraph (3)(d) puts a record or signature otherwise excluded under (3)(b) back inside the section to the extent it is governed by a provision of law other than those listed, and (3)(e) adds that a transaction inside the section is still subject to other applicable substantive law. Going the other way, (5)(d) provides that except as the section itself otherwise provides, the effect of any provision of the section may be varied by agreement, so (5)(c) is the unusual island of non-waivability in a section that is otherwise contractible around. The retention rule has a sensible floor: “A requirement to retain a record in accordance with paragraph (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.” So routing and transmission data does not have to be kept to satisfy a record-retention requirement.

    as of 2026-09-16

    7 authorities

    • statuteFla. Stat. § 668.50enactment date not established
      Show the words that state the rule
      (7) LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.—(a) A record or signature may not be denied legal effect or enforceability solely because the record or signature is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in the formation of the contract. (c) If a provision of law requires a record to be in writing, an electronic record satisfies such provision. (d) If a provision of law requires a signature, an electronic signature satisfies such provision.
    • statuteFla. Stat. § 668.50enactment date not established
      Show the words that state the rule
      (5) USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION BY AGREEMENT.—(a) This section does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This section applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
    • statuteFla. Stat. § 668.50enactment date not established
      Show the words that state the rule
      (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this paragraph may not be waived by agreement. (d) Except as otherwise provided in this section, the effect of any provision of this section may be varied by agreement. The presence in certain provisions of this section of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
    • statuteFla. Stat. § 668.50enactment date not established
      Show the words that state the rule
      (3) SCOPE.—(a) Except as otherwise provided in paragraph (b), this section applies to electronic records and electronic signatures relating to a transaction. (b) This section does not apply to a transaction to the extent the transaction is governed by:1. A provision of law governing the creation and execution of wills, codicils, or testamentary trusts; 2. The Uniform Commercial Code other than s. 671.107 and chapters 672 and 680; or 3. The Uniform Computer Information Transactions Act. (c) Except with respect to subsections (2), (9), and (11), this section does not apply to a transaction to the extent the transaction is governed by rules relating to judicial procedure. (d) This section applies to an electronic record or electronic signature otherwise excluded under paragraph (b) to the extent such record or signature is governed by a provision of law other than those specified in paragraph (b). (e) A transaction subject to this section is also subject to other applicable provisions of substantive law.
    • statuteFla. Stat. § 668.50enactment date not established
      Show the words that state the rule
      (12) RETENTION OF ELECTRONIC RECORDS; ORIGINALS.—(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:1. Accurately reflects the information set forth in the record after the record was first generated in final form as an electronic record or otherwise. 2. Remains accessible for later reference. (b) A requirement to retain a record in accordance with paragraph (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
    • statuteFla. Stat. § 668.50enactment date not established
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      (4) PROSPECTIVE APPLICATION.—This section applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2000.
    • statuteFla. Stat. § 668.50enactment date not established
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      (p) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, insurance, or governmental affairs.
  7. read at the 2026-10-03 bar

    Is our electronically signed contract enforceable in Idaho, and can the other side insist on paper?

    Yes, an electronic record or signature is legally recognized in Idaho, but ONLY for parties who agreed to transact electronically, and either party can still insist on paper for a given transaction. Idaho's Uniform Electronic Transactions Act, Idaho Code § 28-50-107(a)-(d): "A record or signature may not be denied legal effect or enforceability solely because it is in electronic form... A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation... If a law requires a record to be in writing, an electronic record satisfies the law... If a law requires a signature, an electronic signature satisfies the law." But the Act's own scope provision limits all of this to parties who opted in: Idaho Code § 28-50-105(b): "This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct." And § 28-50-105(c) preserves a standing right to switch back to paper for other transactions: "A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement." Two further limits come before any of that. Idaho Code § 28-50-103(a) applies the Act to electronic records and signatures "relating to a transaction" only "[e]xcept as otherwise provided in subsection (b) of this section", and (b) takes a transaction out to the extent it is governed by "[a] law governing the creation and execution of wills, codicils or testamentary trusts" or by the uniform commercial code, "other than section 28-1-306, Idaho Code", its sales chapter and its leases chapter. And § 28-50-105(a) says the Act "does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form."

    The trap

    Agreement to transact electronically is not all-or-nothing and not waivable in the other direction either: § 28-50-105(c)'s right to refuse electronic means for OTHER transactions cannot be waived by contract, so a broad clause purporting to commit the parties to conduct all future dealings electronically cannot lock a party out of insisting on paper for a later, different transaction. That non-waiver is the exception and not the rule: § 28-50-105(d) provides that "[e]xcept as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement", so the rest of the Act is default law a contract can rewrite. And § 28-50-107 carries a fifth subsection the writing-and-signature rules do not reach: where a law requires certified mail, electronic transmittal works only "with the express consent of the recipient." Do not assume electronic assent is established just because a document exists in electronic form: § 28-50-105(b) requires actual agreement to transact electronically, determined "from the context and surrounding circumstances, including the parties' conduct," which is a fact question the statute does not resolve by a signature's mere format. This rule is statute-only: no Idaho appellate decision mentions §§ 28-50-103, 28-50-105, 28-50-107 or 28-50-109, an honest gap for a chapter enacted in 2000 that appears not to have generated reported Idaho appellate litigation on these sections.

    as of 2026-09-21

    9 authorities

    • statuteIdaho Code § 28-50-103enactment date not established
      Show the words that state the rule
      (a) Except as otherwise provided in subsection (b) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils or testamentary trusts; and (2) The uniform commercial code, other than section 28-1-306, Idaho Code, chapter 2, title 28, Idaho Code (uniform commercial code — sales), and chapter 12, title 28, Idaho Code (uniform commercial code — leases).
    • statuteIdaho Code § 28-50-107enactment date not established
      Show the words that state the rule
      A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
    • statuteIdaho Code § 28-50-107enactment date not established
      Show the words that state the rule
      A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
    • statuteIdaho Code § 28-50-107enactment date not established
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      (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
    • statuteIdaho Code § 28-50-107enactment date not established
      Show the words that state the rule
      (e) If a law requires any notice or other record to be sent by certified mail, the record may, with the express consent of the recipient, be transmitted electronically.
    • statuteIdaho Code § 28-50-105enactment date not established
      Show the words that state the rule
      (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
    • statuteIdaho Code § 28-50-105enactment date not established
      Show the words that state the rule
      This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
    • statuteIdaho Code § 28-50-105enactment date not established
      Show the words that state the rule
      A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statuteIdaho Code § 28-50-105enactment date not established
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      (d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
  8. read at the 2026-10-03 bar

    Is this contract unenforceable because it was signed electronically?

    No, where Illinois' Uniform Electronic Transactions Act applies: a record or signature may not be denied legal effect or enforceability solely because it is in electronic form, a contract may not be denied legal effect solely because an electronic record was used in its formation, an electronic record satisfies a law requiring a writing and an electronic signature satisfies a law requiring a signature (815 ILCS 333/7). Attribution is a separate question: an electronic record or signature is attributable to a person if it was the act of the person, shown in any manner including the efficacy of a security procedure (815 ILCS 333/9(a)), and attribution settles whose act it was and not what the act does, because "[t]he effect of an electronic record or electronic signature attributed to a person under subsection (a) shall be determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law" (§ 9(b)), and a transaction inside the Act remains subject to other applicable substantive law (§ 3(d)).

    The trap

    Two thresholds decide it before § 7 does. The Act 'applies only to transactions between parties each of which has agreed to conduct transactions by electronic means', agreement being determined from the context and surrounding circumstances including the parties' conduct (815 ILCS 333/5(b)), so the enforceability of an e-signature in Illinois is a fact question about assent to the medium, and a party may refuse to conduct OTHER transactions electronically, a right that cannot be waived by agreement (§ 5(c)). And the scope section works as a general grant with one subtraction (the Act "applies to electronic records and electronic signatures relating to a transaction" except as subsection (b) provides (815 ILCS 333/3(a))), and (b) subtracts transactions governed by a law on wills, codicils or testamentary trusts and by the UCC other than §§ 1-107, 1-206, Article 2 and Article 2A (§ 3(b)(1)-(2)), so Article 3 instruments and Article 9 records sit outside the Act. And the Act is default law, not mandatory law: it 'does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form' (§ 5(a)), and 'except as otherwise provided in this Act, the effect of any of its provisions may be varied by agreement' (§ 5(d)), so a contract may contract out of the Act's machinery, with § 5(c)'s unwaivable refusal right the stated exception, while whether an electronic record or signature has legal consequences 'is determined by this Act and other applicable law' (§ 5(e)). The published Act's source line is P.A. 102-38, eff. 6-25-21.

    as of 2026-09-16

    9 authorities

    • statute815 ILCS 333/7enactment date not established
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      (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
    • statute815 ILCS 333/5enactment date not established
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      (a) This Act does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
    • statute815 ILCS 333/5enactment date not established
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      (d) Except as otherwise provided in this Act, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this Act of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences is determined by this Act and other applicable law.
    • statute815 ILCS 333/5enactment date not established
      Show the words that state the rule
      This Act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statute815 ILCS 333/3enactment date not established
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      (a) Except as otherwise provided in subsection (b), this Act applies to electronic records and electronic signatures relating to a transaction. (b) This Act does not apply to a transaction to the extent it is governed by: (1) a law governing the creation and execution of wills, codicils, or testamentary trusts; (2) The Uniform Commercial Code other than Sections 1-107 and 1-206, Article 2, and Article 2A.
    • statute815 ILCS 333/5enactment date not established
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      (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statute815 ILCS 333/3enactment date not established
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      (c) This Act applies to an electronic record or electronic signature otherwise excluded from the application of this Act under subsection (b) to the extent it is governed by a law other than those specified in subsection (b). (d) A transaction subject to this Act is also subject to other applicable substantive law.
    • statute815 ILCS 333/9enactment date not established
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      (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
    • statute815 ILCS 333/9enactment date not established
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      (b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) shall be determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
  9. read at the 2026-10-03 bar

    Is the contract our Iowa counterparty signed electronically enforceable?

    Within chapter 554D's scope, yes, and no further. Except as its exclusions provide, the chapter "applies to electronic records and electronic signatures relating to a transaction" (Iowa Code § 554D.104(1)), and "A transaction subject to this chapter is also subject to other applicable substantive law" (§ 554D.104(3)), so the chapter answers an objection to the FORM of the record or signature and leaves every other objection to the contract exactly where it was. A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form, and a contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation; if a law requires a record to be in writing, an electronic record satisfies the law, and if a law requires a signature, an electronic signature satisfies the law (Iowa Code § 554D.108). The chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means, and whether the parties so agreed is determined from the context and surrounding circumstances, including the parties' conduct (§ 554D.106(2)).

    The trap

    The scope section is where an electronic signature argument usually fails, and § 554D.104(3) is where it stops being an argument at all: electronic form is not a defence, but neither is it a cure. A record that would fail for want of consideration, authority, capacity or a statutory formality other than writing and signature fails just the same in electronic form. Chapter 554D does not apply to a transaction to the extent it is governed by a law governing the creation or execution of wills, codicils or testamentary trusts, or by chapter 554 (the Iowa UCC) other than articles 2 and 13 and § 554.1306 (§ 554D.104(2)). So a sale of goods or a lease is inside the chapter, while a record governed by the UCC's other articles is outside it to that extent. Consent is the other threshold: without agreement by each party to transact electronically, shown from context and conduct, the chapter does not reach the transaction at all, and § 554D.106(3) makes the right to refuse to conduct OTHER transactions electronically non-waivable by agreement. Two further limits sit in § 554D.106. The chapter "does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form" (subsection 1), so it never forces a counterparty onto an electronic channel. And subsection 4 makes most of the chapter default rather than mandatory: "Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement." So the agreement can rewrite much of what the chapter supplies, and the one thing it cannot touch is the § 554D.106(3) right to refuse OTHER transactions.

    as of 2026-09-19

    11 authorities

    • statuteIowa Code § 554D.108enactment date not established
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      A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form.
    • statuteIowa Code § 554D.108enactment date not established
      Show the words that state the rule
      If a law requires a record to be in writing, an electronic record satisfies the law.
    • statuteIowa Code § 554D.104enactment date not established
      Show the words that state the rule
      Except as provided in subsection 2, this chapter applies to electronic records and electronic signatures relating to a transaction.
    • statuteIowa Code § 554D.104enactment date not established
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      This chapter does not apply to a transaction to the extent it is governed by any of the following: a. A law governing the creation or execution of wills, codicils, or testamentary trusts. b. Chapter 554 other than chapter 554, articles 2 and 13, and section 554.1306.
    • statuteIowa Code § 554D.106enactment date not established
      Show the words that state the rule
      This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
    • statuteIowa Code § 554D.106enactment date not established
      Show the words that state the rule
      A party who agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statuteIowa Code § 554D.108enactment date not established
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      A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation.
    • statuteIowa Code § 554D.108enactment date not established
      Show the words that state the rule
      If a law requires a signature, an electronic signature satisfies the law.
    • statuteIowa Code § 554D.104enactment date not established
      Show the words that state the rule
      A transaction subject to this chapter is also subject to other applicable substantive law.
    • statuteIowa Code § 554D.106enactment date not established
      Show the words that state the rule
      This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
    • statuteIowa Code § 554D.106enactment date not established
      Show the words that state the rule
      Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
  10. read at the 2026-10-03 bar

    Is the contract our Kansas counterparty signed electronically enforceable?

    Within the act's scope, yes. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form; a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation; if a law requires a record to be in writing, an electronic record satisfies the law; and if a law requires a signature, an electronic signature satisfies the law (K.S.A. 16-1607). The act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means, and whether they so agreed is determined from the context and surrounding circumstances, including the parties' conduct (K.S.A. 16-1605(b)). Electronic form is not the same as an electronic signature: K.S.A. 16-1602(i) defines an electronic signature as "an 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", and in Sigg v. Coltrane the Court of Appeals refused to treat a document drafted and e-mailed by the party to be charged as signed, holding of the contrary proposition that "This is simply not the law under K.S.A. 16-1601 et seq."

    The trap

    The scope section is where an electronic-signature argument usually fails. The act does not apply to a transaction to the extent it is governed by a law governing the creation and execution of wills, codicils or testamentary trusts, or by the uniform commercial code other than K.S.A. 84-1-306 and articles 2 and 2a (K.S.A. 16-1603(b)), so a sale or lease of goods is inside the act while a record governed by the UCC's other articles is outside it to that extent, although subsection (c) brings such a record back in to the extent it is governed by a law other than those specified. Consent is the other threshold, and it is asymmetric: a party who agrees to conduct one transaction electronically may refuse to conduct others that way, and "The right granted by this subsection may not be waived by agreement" (K.S.A. 16-1605(c)). That non-waivable refusal right is the exception and not the pattern: "Except as otherwise provided in this act, the effect of any of its provisions may be varied by agreement." And clearing the act settles only the form question - a transaction subject to it "is also subject to other applicable substantive law", so nothing here answers whether a contract was formed at all. Consent is also proved on the record, and its absence is fatal: in Sigg v. Coltrane the court found "there is no evidence that this transaction meets the requirements of K.S.A. 16-1605(b)" and that there was "absolutely nothing in the record that indicates that Sigg and the Coltranes agreed to conduct their transactions by electronic means."

    as of 2026-10-08

    10 authorities

    • statuteK.S.A. 16-1607enactment date not established
      Show the words that state the rule
      A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
    • statuteK.S.A. 16-1603enactment date not established
      Show the words that state the rule
      (a) Except as otherwise provided in subsection (b), this act applies to electronic records and electronic signatures relating to a transaction. (b) This act does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils or testamentary trusts; and (2) the uniform commercial code, other than K.S.A. 2025 Supp. 84-1-306 and articles 2 and 2a of chapter 84 of the Kansas Statutes Annotated, and amendments thereto.
    • statuteK.S.A. 16-1603enactment date not established
      Show the words that state the rule
      This act applies to an electronic record or electronic signature otherwise excluded from the application of this act under subsection (b) to the extent it is governed by a law other than those specified in subsection (b).
    • statuteK.S.A. 16-1605enactment date not established
      Show the words that state the rule
      This act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statuteK.S.A. 16-1605enactment date not established
      Show the words that state the rule
      A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statuteK.S.A. 16-1602enactment date not established
      Show the words that state the rule
      "Electronic signature" means an 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.
    • case253 P.3d 781Sigg v. ColtraneKan. Ct. App.decided 2010read it at the source ↗
      Show the words that state the rule
      Sigg cites no authority for her conclusion that the Coltranes’ electronically drafting and e-mailing a document constitutes an electronic signature as contemplated by the Act. There is no evidence in the record that either the e-mail cover sheet or the “Offer to Purchase Real Estate” attached to it bears the electronic signature of either Daniel or Tanya Coltrane as defined by the Act. Instead, Sigg’s position would require us to endorse the proposition that because the “Offer to Purchase Real Estate” was sent electronically to the daughter of Sigg’s agent that that alone constitutes a signature. This is simply not the law under K.S.A. 16-1601 et seq.
    • case253 P.3d 781Sigg v. ColtraneKan. Ct. App.decided 2010read it at the source ↗
      Show the words that state the rule
      Moreover, there is no evidence that this transaction meets the requirements of K.S.A. 16-1605(b): “This act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties conduct.” There is absolutely nothing in the record that indicates that Sigg and the Coltranes agreed to conduct their transactions by electronic means. In fact, there is nothing in the record that establishes any actual agreement existed between Sigg and the Coltranes.
    • statuteK.S.A. 16-1605enactment date not established
      Show the words that state the rule
      (d) Except as otherwise provided in this act, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this act of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
    • statuteK.S.A. 16-1603enactment date not established
      Show the words that state the rule
      (d) A transaction subject to this act is also subject to other applicable substantive law.
  11. read at the 2026-10-03 bar

    Is this contract enforceable if it was signed electronically, and does Louisiana's e-signature law reach every kind of Louisiana contract?

    Yes, generally: Louisiana adopted the Uniform Electronic Transactions Act, La. R.S. 9:2601 et seq. ("This Chapter may be cited as the 'Louisiana Uniform Electronic Transactions Act'"), and its core validity rule removes electronic form as an objection: R.S. 9:2607, "A record or signature may not be denied legal effect or enforceability solely because it is in electronic form," "A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation," and, critically for a Louisiana-specific writing requirement like art. 1839's transfer-of-immovables rule or art. 1846's over-$500 evidentiary rule, "If a law requires a record to be in writing, an electronic record satisfies the law" and "If a law requires a signature, an electronic signature satisfies the law." An "electronic signature" itself requires genuine signing intent, not just an electronic mark: R.S. 9:2602(8) defines it as "an 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." A Louisiana Court of Appeal applied that intent requirement to reject informally-initialed emails as binding signatures in Regions Bank v. Cabinet Works, L.L.C., reading the requirement out of the definition itself: an electronic sound, symbol or process associated with a record "must be executed or adopted by a person with the intent to sign the record", and "There must be a showing that the signer intended to do a legally significant act." That court set the subsection letters out as it went, attributing the electronic-form rule to R.S. 9:2607(A), the contract rule to 9:2607(B), the writing and signature rules to 9:2607(C)-(D) and the definition of an electronic signature to 9:2602.

    The trap

    The Act's own scope section carves out a major category that is easy to overlook: R.S. 9:2603(B) excludes from the Chapter's coverage "A transaction to the extent it is governed by the provisions of Title 10 of the Louisiana Revised Statutes of 1950": Title 10 is Louisiana's enactment of the Uniform Commercial Code, so a transaction governed by Louisiana's UCC articles (negotiable instruments, bank deposits, secured transactions, investment securities, letters of credit) falls outside the Act's coverage to that extent. Subsection (B) is not the end of the scope question, and reading it alone overstates the exclusion. Subsection (A) makes the Chapter apply "Except as otherwise provided in Subsection B of this Section", and (C) pulls part of the exclusion back: the Chapter "applies to an electronic record or electronic signature otherwise excluded from the application of this Chapter under Subsection B of this Section to the extent it is governed by a law other than those specified by Subsection B of this Section." So a Title 10 transaction sits outside the Act only so far as Title 10 governs it, and (D) adds that a transaction inside the Act "is also subject to other applicable substantive law." This exclusion is structured differently from a state that has enacted UCC Article 2, because Louisiana never enacted Article 2 at all (sales of movables remain under the Civil Code, which IS within UETA's scope), so the practical bite of the Title 10 exclusion in Louisiana falls on secured transactions, negotiable instruments, and similar UCC-governed dealings, not on ordinary sales contracts. Regions Bank's intent requirement cuts against assuming an initialed or informally-signed-off email automatically counts: the court found initials on settlement-negotiation emails did not establish the senders intended those initials as binding electronic signatures, even though the emails were plainly authored by the parties' own counsel. Article 9:2603(B) also excludes wills, codicils, testamentary trusts, and several categories of consumer notice (utility termination, default/foreclosure/eviction notices, health and life insurance cancellation, product recalls): an e-signature or e-delivery strategy built for ordinary commercial contracts should not be assumed to extend to those categories.

    as of 2026-09-21

    11 authorities

    • statuteLa. R.S. 9:2602enactment date not established
      Show the words that state the rule
      "Electronic signature" means an 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.
    • case92 So.3d 945Regions Bank v. Cabinet Works, L.L.C.La. Ct. App.decided 2012read it at the source ↗
      Show the words that state the rule
      To constitute an electronic signature, however, the “electronic sound, symbol, or process ... associated with a record” must be executed or adopted by a person with the intent to sign the record. La. R.S. 9:2602. There must be a showing that the signer intended to do a legally significant act.
    • case92 So.3d 945Regions Bank v. Cabinet Works, L.L.C.La. Ct. App.decided 2012read it at the source ↗
      Show the words that state the rule
      Here, the initials or other name indications on the messages here do not establish that Cohn and Bourgeois intended those to be electronic signatures for purposes of the Louisiana Uniform Electronic Transactions Act.
    • statuteLa. R.S. 9:2601enactment date not established
      Show the words that state the rule
      This Chapter may be cited as the "Louisiana Uniform Electronic Transactions Act".
    • statuteLa. Civ. Code art. 1839enactment date not established
      Show the words that state the rule
      A transfer of immovable property must be made by authentic act or by act under private signature. Nevertheless, an oral transfer is valid between the parties when the property has been actually delivered and the transferor recognizes the transfer when interrogated on oath.
    • statuteLa. Civ. Code art. 1846enactment date not established
      Show the words that state the rule
      If the price or value is in excess of five hundred dollars, the contract must be proved by at least one witness and other corroborating circumstances.
    • statuteLa. R.S. 9:2607enactment date not established
      Show the words that state the rule
      A. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. B. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. C. If a law requires a record to be in writing, an electronic record satisfies the law. D. If a law requires a signature, an electronic signature satisfies the law.
    • statuteLa. R.S. 9:2603enactment date not established
      Show the words that state the rule
      B. This Chapter shall not apply to: (1) A transaction to the extent it is governed by a law governing the creation and execution of wills, codicils, or testamentary trusts. (2) A transaction to the extent it is governed by the provisions of Title 10 of the Louisiana Revised Statutes of 1950. (3) (Reserved). (4)(a) Repealed by Acts 2021, No. 68, §3, eff. Jan. 1, 2022. (b) Any notice of any of the following: (i) The cancellation or termination of utility services, including water, heat, and power. (ii) 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. (iii) The cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities. (iv) Recall of a product, or material failure of a product, that risks endangering health or safety. (c) Any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials. (d) Publications required by law to be published in the official journals provided for in Chapter 2, 4, or 5 of Title 43 of the Louisiana Revised Statutes of 1950.
    • statuteLa. R.S. 9:2603enactment date not established
      Show the words that state the rule
      A. Except as otherwise provided in Subsection B of this Section, this Chapter applies to electronic records and electronic signatures relating to a transaction.
    • statuteLa. R.S. 9:2603enactment date not established
      Show the words that state the rule
      C. This Chapter applies to an electronic record or electronic signature otherwise excluded from the application of this Chapter under Subsection B of this Section to the extent it is governed by a law other than those specified by Subsection B of this Section. D. A transaction subject to this Chapter is also subject to other applicable substantive law.
    • case92 So.3d 945Regions Bank v. Cabinet Works, L.L.C.La. Ct. App.decided 2012read it at the source ↗
      Show the words that state the rule
      Louisiana law recognizes electronic communications and electronic signatures, through the Louisiana Uniform Electronic Transactions Act, La. R.S. 9:2601 et seq. “A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” La. R.S. 9:2607(A). “A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.” La. R.S. 9:2607(B). If a law requires a record to be in writing, or if the law requires a signature, an electronic record or an electronic signature satisfies the law. La. R.S. 9:2607(C)-(D).
  12. read at the 2026-10-03 bar

    Is our contract unenforceable in Maine because it was signed electronically, or agreed by email?

    No, provided the chapter reaches the transaction at all. 10 M.R.S. § 9407 provides that "[a]n electronic record or electronic signature may not be denied legal effect or enforceability solely because it is in electronic form", that a contract may not be denied effect solely because an electronic record was used in its formation, that "[i]f a law requires a record to be in writing, an electronic record satisfies the law", and, the subsection that answers a statute of frauds, that "[i]f a law requires a signature, an electronic signature satisfies the law". The Law Court applied both routes in McClare v. Rocha, holding that "[a]n email or other electronic record can constitute a signed writing based on the historically broad interpretation of the term 'writing' in the statute of frauds and, separately, based on the Uniform Electronic Transactions Act (UETA), 10 M.R.S. §§ 9401-9420", and noting that "[a]lmost any form of writing will satisfy the statute of frauds, including receipts, letters, record books, or computer entries". But the Act is not a free-standing rule of validity. It "applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means", with that agreement "determined from the context and surrounding circumstances, including the parties' conduct"; it "does not apply to a transaction to the extent it is governed by" a law on wills, codicils or testamentary trusts, or by "[t]he Uniform Commercial Code other than Title 11, section 1-1306 and Articles 2 and 2-A"; and "[e]xcept as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement".

    The trap

    Electronic form is not the defence; consent and content are. McClare vacated a summary judgment against the buyer of land because the emails might be a sufficient writing, and remanded on TWO questions, not one: "there remain genuine issues of material fact as to whether the parties agreed to conduct the transaction by electronic means and whether the parties, in fact, formed a contract." The first of those is the Act's own threshold, and it is the argument most often missed: a party who never agreed to transact electronically is outside the chapter, and nothing in it "require[s] a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form". Parties can also contract around the Act, because its provisions "may be varied by agreement". And the Act's help runs only to the form of the record: 33 M.R.S. § 51 still requires the memorandum to be "signed by the party to be charged therewith, or by some person thereunto lawfully authorized", and an email from a lawyer or a broker puts the agent's authority in issue, which the Act does not dissolve. Two scope traps for commercial work: the chapter does not reach a transaction governed by the Uniform Commercial Code except for 11 M.R.S. § 1-1306 and Articles 2 and 2-A, so it is no help with a negotiable instrument, a secured transaction or a letter of credit; and it does not reach wills, codicils or testamentary trusts at all.

    as of 2026-09-20

    13 authorities

    • statute10 M.R.S. § 9407enactment date not established
      Show the words that state the rule
      An electronic record or electronic signature may not be denied legal effect or enforceability solely because it is in electronic form.
    • statute10 M.R.S. § 9407enactment date not established
      Show the words that state the rule
      If a law requires a record to be in writing, an electronic record satisfies the law.
    • statute10 M.R.S. § 9407enactment date not established
      Show the words that state the rule
      If a law requires a signature, an electronic signature satisfies the law.
    • statute10 M.R.S. § 9403enactment date not established
      Show the words that state the rule
      This chapter does not apply to a transaction to the extent it is governed by: A. A law governing the creation and execution of wills, codicils or testamentary trusts; and [PL 1999, c. 762, §2 (NEW).] B. The Uniform Commercial Code other than Title 11, section 1‑1306 and Articles 2 and 2‑A .
    • statute10 M.R.S. § 9405enactment date not established
      Show the words that state the rule
      This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
    • statute10 M.R.S. § 9405enactment date not established
      Show the words that state the rule
      This chapter applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statute10 M.R.S. § 9405enactment date not established
      Show the words that state the rule
      Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
    • case2014 ME 4McClare v. RochaMe.decided 2014read it at the source ↗
      Show the words that state the rule
      An email or other electronic record can constitute a signed writing based on the historically broad interpretation of the term “writing” in the statute of frauds and, separately, based on the Uniform Electronic Transactions Act (UETA), 10 M.R.S. §§ 9401-9420.
    • case2014 ME 4McClare v. RochaMe.decided 2014read it at the source ↗
      Show the words that state the rule
      The UETA provides that an electronic record, such as an email, cannot be denied legal effect or enforceability solely because it is electronic or because an electronic record was used in its formation.
    • case2014 ME 4McClare v. RochaMe.decided 2014read it at the source ↗
      Show the words that state the rule
      Almost any form of writing will satisfy the statute of frauds, including receipts, letters, record books, or computer entries.
    • case2014 ME 4McClare v. Rochame-medecided 2014read it at the source ↗
      Show the words that state the rule
      Considering the evidence in the light most favorable to McClare as the non-prevailing party, Rainey, 2010 ME 56, ¶ 23, 998 A.2d 342, the emails and the circumstances surrounding the parties’ course of dealings are sufficient indicators of the formation of a contract to survive summary judgment; however, there remain genuine issues of material fact as to whether the parties agreed to conduct the transaction by electronic means and whether the parties, in fact, formed a contract. Thus, the court erred in entering summary judgment. 13 The entry is: Judgment vacated. Remand to the Superior Court for further proceedings consistent with this opinion.
    • statute33 M.R.S. § 51enactment date not established
      Show the words that state the rule
      unless the promise, contract or agreement on which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith, or by some person thereunto lawfully authorized; but the consideration thereof need not be expressed therein, and may be proved otherwise.
    • statute10 M.R.S. § 9407enactment date not established
      Show the words that state the rule
      A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
  13. read at the 2026-10-03 bar

    Will an emailed or electronically signed record satisfy a Minnesota writing requirement?

    The operative Minnesota text available here is what the Supreme Court quoted in Turner: Minn. Stat. § 325L.08(a) provides that if parties have agreed to conduct transactions by electronic means and a law requires a person to send information in writing to another person, the requirement is satisfied if the information is sent in an electronic record capable of retention by the recipient at the time of receipt. The Court added that the section does reflect concern about outside interference with electronic access, but only “if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.” The Court further held that an agreement to conduct transactions by electronic means need not be explicit: the section requires only that the parties 'have agreed to conduct transactions by electronic means', and agreement means 'the bargain of the parties' and can be inferred from the circumstances (§ 325L.02(a)).

    The trap

    Read the rule for exactly what it covers. Section 325L.08 is about SENDING information that a law requires to be in writing; the Uniform Electronic Transactions Act's signature-equivalence provision, and the chapter's scope and exclusion sections, are not established by the Supreme Court authority carried here: chapter 325L is absent from the statutes we publish, and Turner quotes § 325L.08(a) and § 325L.02(a), states § 325L.08(a)'s sender-interference proviso and cites § 325L.08(e), but goes no further. The only Minnesota text we hold for § 325L.03(a) and (d) (scope) and § 325L.07(a) and (d) (a signature requirement satisfied by an electronic signature) is a published Court of Appeals decision, SN4, LLC v. Anchor Bank, FSB (Minn. App. 2014), which is not served here as authority. So nothing in this rule says that an electronic signature satisfies a Minnesota signature requirement, and nothing says which transactions the chapter excludes. The second trap is the predicate: everything in § 325L.08 runs off an agreement to conduct transactions by electronic means, which Turner shows can be found from a course of e-mail correspondence rather than from a clause, a fact finding, reviewed for clear error, not a drafting choice.

    as of 2026-09-17

    4 authorities

    • caseMinn. No. A13-0289 (Dec. 11, 2013)Turner v. Commissioner of RevenueMinn.decided 2013
      Show the words that state the rule
      Section 325L.08 provides that “[i]f parties have agreed to conduct transactions by electronic means and a law requires a person to ... send ... information in writing to another person, the requirement is satisfied if the information is ... sent ... in an electronic record capable of retention by the recipient at the time of receipt.” Minn.Stat. § 325L.08(a) (2012).
    • caseMinn. No. A13-0289 (Dec. 11, 2013)Turner v. Commissioner of RevenueMinn.decided 2013
      Show the words that state the rule
      The Turners argue that an agreement to receive an order electronically must be explicit. Nothing in the statute imposes such a requirement. Section 325L.08 requires only that the “parties have agreed to conduct transactions by electronic means,” id., and agreement means “the bargain of the parties” and can be inferred from the circumstances, Minn. Stat. § 325L.02(a) (2012). Brian Turner twice asked the specialist to communicate with him by e-mail — the second time only days before the Commissioner issued the order — and corresponded with the specialist electronically for several months. The tax court’s finding that Brian Turner agreed to conduct the audit by electronic means, as required under section 325L.08(a), was not clearly erroneous because it was “reasonably supported by the evidence as a whole,” Cont’l Retail, LLC v. Cnty. of Hennepin, 801 N.W.2d 395, 398 (Minn.2011).
    • caseMinn. No. A13-0289 (Dec. 11, 2013)Turner v. Commissioner of RevenueMinn.decided 2013
      Show the words that state the rule
      Section 325L.08 does reflect concern about outside interference with electronic access, but only “if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.” Minn.Stat. § 325L.08(a); accord Minn.Stat. § 325L.08(e) (2012) (governing when an “electronic record is not enforceable against the recipient”).
    • caseMinn. No. A13-0289 (Dec. 11, 2013)Turner v. Commissioner of RevenueMinn.decided 2013
      Show the words that state the rule
      III. For the foregoing reasons, the tax court did not err by dismissing the Turners’ appeal for lack of subject matter jurisdiction. Affirmed.
  14. read at the 2026-10-03 bar

    Is an electronically signed version of this contract valid and enforceable in Montana?

    Yes. Montana's Uniform Electronic Transactions Act states the baseline flatly: “A record or signature may not be denied legal effect or enforceability solely because it is in electronic form” and “A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation” (§ 30-18-106(1)-(2), MCA). Where another Montana law requires a writing or a signature, an electronic record or electronic signature satisfies that requirement (§ 30-18-106(3)-(4)), so this is also the statute that makes an electronically signed writing count for Montana's statute-of-frauds and parol- evidence statutes elsewhere in these Montana rules. Attribution is fact-based, not formulaic: “An electronic record or electronic signature is attributable to a person if it was the act of the person,” shown “in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable” (§ 30-18-108(1)), and its legal effect is read from “the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any” (§ 30-18-108(2)).

    The trap

    The Act only applies where both sides have, expressly or by their conduct, agreed to transact electronically, and § 30-18-104 is the provision that says so: the Part “does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form”, it “applies only to transactions between parties each of which has agreed to conduct transactions by electronic means”, and “[w]hether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.” So the agreement can be implied from conduct, by the statute's own words, and no separate signed consent is needed. Two consequences follow for a drafter. Consent is transaction by transaction: “[a] party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means”, and that right “may not be waived by agreement”, so a clause purporting to bind the other side to electronic dealing for everything that follows is ineffective as to the refusal right. And because the agreement is proved from circumstances, the evidence that the other side agreed is the record of how the parties actually dealt. § 30-18-116 and § 30-18-117 do not bear on a private contract at all: each addresses what a GOVERNMENTAL AGENCY will create, retain, send and accept, so neither answers a retention or original-document question between two private parties. Fifteen other sections of the Montana Code Annotated each carry a provision headed “Relation to Electronic Signatures in Global and National Commerce Act”, declaring that their own uniform act “modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq.” for that act's own subject matter: powers of attorney (§ 72-31-366), anatomical gifts (§ 72-17-109), disclaimers of property interests (§ 72-2-833), trust decanting (§ 72-39-302), directed trusts (§ 72-40-122), adult guardianship (§ 72-5-637), fiduciary access to digital assets (§ 72-31-417), powers of appointment (§ 72-7-602), institutional funds (§ 72-30-213), family-law arbitration (§ 40-16-127), partition of heirs property (§ 70-29-420), registered agents (§ 35-7-117), collaborative law (§ 25-40-121), unsworn foreign declarations (§ 26-1-1108) and electronic legal material (§ 1-11-411), across Titles 1, 25, 26, 35, 40, 70, and 72. This rule covers ordinary commercial contracts under the general UETA chapter only and does not clear those specialized carve-outs.

    as of 2026-09-20

    8 authorities

    • statuteMont. Code Ann. § 30-18-106enactment date not established
      Show the words that state the rule
      A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
    • statuteMont. Code Ann. § 30-18-108enactment date not established
      Show the words that state the rule
      An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
    • statuteMont. Code Ann. § 30-18-106enactment date not established
      Show the words that state the rule
      A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
    • statuteMont. Code Ann. § 30-18-106enactment date not established
      Show the words that state the rule
      If a law requires a record to be in writing, an electronic record satisfies the law. (4) If a law requires a signature, an electronic signature satisfies the law.
    • statuteMont. Code Ann. § 30-18-108enactment date not established
      Show the words that state the rule
      The effect of an electronic record or electronic signature attributed to a person under subsection (1) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
    • statuteMont. Code Ann. § 72-31-366enactment date not established
      Show the words that state the rule
      72-31-366. Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
    • statuteMont. Code Ann. § 30-18-104enactment date not established
      Show the words that state the rule
      This part does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (2) This part applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statuteMont. Code Ann. § 30-18-104enactment date not established
      Show the words that state the rule
      A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
  15. read at the 2026-10-03 bar

    Is this contract unenforceable in Nebraska because it was signed electronically?

    No. Electronic form is not a defence in Nebraska, but the Act that says so protects you only if both sides agreed to do business electronically, and only outside two exclusions. Nebraska's Uniform Electronic Transactions Act, Neb. Rev. Stat. § 86-634, is categorical: “A record or signature may not be denied legal effect or enforceability solely because it is in electronic form”, “A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation”, “If a law requires a record to be in writing, an electronic record satisfies the law” and “If a law requires a signature, an electronic signature satisfies the law.” An electronic signature is defined broadly by § 86-621 as “an 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”, and § 86-638 extends the Act to notarisation and acknowledgment. The consent gate is § 86-632(2): “The act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.” The exclusions are in § 86-630(2): “The act does not apply to a transaction to the extent it is governed by: (a) A law governing the creation and execution of wills, codicils, or testamentary trusts; or (b) The Uniform Commercial Code other than article 2 and article 2A.” Subsection (3) takes most of that back: the Act still “applies to an electronic record or electronic signature otherwise excluded from the application of the act under subsection (2) of this section to the extent it is governed by a law other than those specified in subsection (2) of this section.” And § 86-631 dates it: the Act “applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 13, 2000.”

    The trap

    Nebraska's distinctive trap is that a record the recipient cannot save is worthless against them. Neb. Rev. Stat. § 86-635(3): “If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient”, and § 86-635(1) explains what “inhibits” means: “An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.” A click-through that shows the terms in a scroll box with printing and copying disabled is the exact failure mode, and § 86-635(4) says “The requirements of this section may not be varied by agreement, but:”, and the two exceptions that follow reach only subsection (1)'s capable-of-retention requirement and a first-class-mail delivery method, not subsection (3), so a consent term in your own document cannot fix a record the recipient cannot save. Second trap: you cannot lock the counterparty into electronic dealing. § 86-632(3): “A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.” A clause requiring all future notices, amendments and terminations to be electronic is unenforceable to that extent. Third: do not read the Act as covering everything. It reaches only a “transaction”, defined by § 86-629 as “an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs”, and § 86-630(4) adds that “A transaction subject to the act is also subject to other applicable substantive law”. Electronic form cures form, not substance, so Nebraska's statute of frauds, its writing-and-signature requirements and its parol evidence rule all still apply to the deal. Fourth, and it is a Nebraska-specific hazard: there is a SECOND, older electronic-signature statute, Neb. Rev. Stat. § 86-611, whose five-attribute test (“unique to the person using it”, “capable of verification”, “under the sole control of the person using it”, invalidated if the data changes, and conforming to Secretary of State rules) sounds like a general requirement and is not one. Its subsection (2) is permissive: in any written communication any party “may affix” a digital signature, and it takes manual-signature effect only if all five attributes are met; subsection (3) is the state-agency provision; its own definition of “Electronic signature” in subsection (9)(a) is “a unique access code or other unique electronic identifier assigned or approved by the state agency”, and subsection (5) says it “shall not be construed to invalidate digital signatures, electronic signatures, or electronic communications which are valid under any other applicable law.” Subsection (6) adds that the use or acceptance of a digital signature is “at the option of the parties to the communication” and that the section does not “require a person to use or permit the use of a digital signature or electronic signature.” So the five-attribute test is a condition of getting manual-signature effect from a digital signature, not a requirement a private contract has to meet.

    as of 2026-09-20

    20 authorities

    • statuteNeb. Rev. Stat. § 86-634enactment date not established
      Show the words that state the rule
      A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
    • statuteNeb. Rev. Stat. § 86-634enactment date not established
      Show the words that state the rule
      A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
    • statuteNeb. Rev. Stat. § 86-634enactment date not established
      Show the words that state the rule
      If a law requires a record to be in writing, an electronic record satisfies the law. (4) If a law requires a signature, an electronic signature satisfies the law.
    • statuteNeb. Rev. Stat. § 86-621enactment date not established
      Show the words that state the rule
      Electronic signature means an 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.
    • statuteNeb. Rev. Stat. § 86-632enactment date not established
      Show the words that state the rule
      The act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statuteNeb. Rev. Stat. § 86-632enactment date not established
      Show the words that state the rule
      A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statuteNeb. Rev. Stat. § 86-630enactment date not established
      Show the words that state the rule
      The act does not apply to a transaction to the extent it is governed by: (a) A law governing the creation and execution of wills, codicils, or testamentary trusts; or (b) The Uniform Commercial Code other than article 2 and article 2A. (3) The act applies to an electronic record or electronic signature otherwise excluded from the application of the act under subsection (2) of this section to the extent it is governed by a law other than those specified in subsection (2) of this section.
    • statuteNeb. Rev. Stat. § 86-630enactment date not established
      Show the words that state the rule
      A transaction subject to the act is also subject to other applicable substantive law.
    • statuteNeb. Rev. Stat. § 86-631enactment date not established
      Show the words that state the rule
      The Uniform Electronic Transactions Act applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 13, 2000.
    • statuteNeb. Rev. Stat. § 86-635enactment date not established
      Show the words that state the rule
      If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
    • statuteNeb. Rev. Stat. § 86-635enactment date not established
      Show the words that state the rule
      If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
    • statuteNeb. Rev. Stat. § 86-635enactment date not established
      Show the words that state the rule
      The requirements of this section may not be varied by agreement, but: (a) To the extent a law other than the act requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (1) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and (b) A requirement under a law other than the act to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.
    • statuteNeb. Rev. Stat. § 86-629enactment date not established
      Show the words that state the rule
      Transaction means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
    • statuteNeb. Rev. Stat. § 86-638enactment date not established
      Show the words that state the rule
      If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
    • statuteNeb. Rev. Stat. § 86-611enactment date not established
      Show the words that state the rule
      Electronic signature means a unique access code or other unique electronic identifier assigned or approved by the state agency for use in communications with the state agency
    • statuteNeb. Rev. Stat. § 86-611enactment date not established
      Show the words that state the rule
      This section shall not be construed to invalidate digital signatures, electronic signatures, or electronic communications which are valid under any other applicable law.
    • statuteNeb. Rev. Stat. § 86-611enactment date not established
      Show the words that state the rule
      In any written communication in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. The use of a digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes: (a) It is unique to the person using it; (b) It is capable of verification; (c) It is under the sole control of the person using it; (d) It is linked to data in such a manner that if the data is changed, the digital signature is invalidated; and (e) It conforms to rules and regulations adopted and promulgated by the Secretary of State.
    • statuteNeb. Rev. Stat. § 86-611enactment date not established
      Show the words that state the rule
      Digital signature means an electronic identifier, created by computer, intended by the person using it to have the same force and effect as a manual signature
    • statuteNeb. Rev. Stat. § 86-611enactment date not established
      Show the words that state the rule
      Unless otherwise provided by law, the use or acceptance of a digital signature or an electronic signature shall be at the option of the parties to the communication. This section shall not be construed to require a person to use or permit the use of a digital signature or electronic signature.
    • statuteNeb. Rev. Stat. § 86-612enactment date not established
      Show the words that state the rule
      Sections 86-612 to 86-643 shall be known and may be cited as the Uniform Electronic Transactions Act.
  16. read at the 2026-10-03 bar

    Is this click-through or e-signed agreement binding in New Jersey?

    Under New Jersey's Uniform Electronic Transactions Act a record or signature may not be denied legal effect or enforceability solely because it is in electronic form; a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation; an electronic record satisfies a law requiring a writing; and an electronic signature satisfies a law requiring a signature. Attribution is its own question: an electronic record or signature is attributable to a person if it was the act of the person, shown in any manner including the efficacy of a security procedure, and its effect is determined from the circumstances including the parties' agreement (§ 12A:12-9). A transaction subject to the Act remains subject to other applicable substantive law (§ 12A:12-3(e)).

    The trap

    The Act is not self-executing. § 12A:12-5(b) applies it ONLY to transactions between parties each of which has agreed to conduct transactions by electronic means, and that agreement is determined from the context and surrounding circumstances including the parties' conduct, so the threshold question in New Jersey is assent to transact electronically, not the signature technology; in Shelton, the one New Jersey Supreme Court case we hold, that threshold was passed without argument. A party who agrees to transact electronically may refuse to do so for OTHER transactions, and that right cannot be waived by agreement (§ 12A:12-5(c)). Excluded subject matter under § 12A:12-3: wills, codicils and testamentary trusts (that is subsection b., and subsection d. claws part of it back: the Act still applies to a record or signature so excluded to the extent it is governed by a law other than those specified in subsection b.); court orders, notices and official court documents; notices of utility cancellation, of default/acceleration/repossession/foreclosure/eviction or right to cure under a credit agreement secured by or a rental agreement for a primary residence, of cancellation of health or life insurance benefits, and of product recall or material product failure risking health or safety; and hazardous-materials shipping documents. Those are exactly the notices a contract most often tries to send by email.

    as of 2026-09-16

    8 authorities

    • statuteN.J. Stat. Ann. § 12A:12-7enactment date not established
      Show the words that state the rule
      7. a. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. b. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. c. If a law requires a record to be in writing, an electronic record satisfies the law. d. If a law requires a signature, an electronic signature satisfies the law.
    • statuteN.J. Stat. Ann. § 12A:12-5enactment date not established
      Show the words that state the rule
      b. This act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statuteN.J. Stat. Ann. § 12A:12-3enactment date not established
      Show the words that state the rule
      b. This act does not apply to a transaction to the extent it is governed by a law governing the creation and execution of wills, codicils or testamentary trusts. c. This act does not apply to: (1) court orders or notices or official court documents (including briefs, pleadings and other writings) required to be executed in connection with court proceedings; (2) any notice of: (a) the cancellation or termination of utility services (including water, heat and power); (b) the 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; (c) the cancellation or termination of health insurance benefits or life insurance benefits (excluding annuities); or (d) the recall of a product, or material failure of a product, that risks endangering health or safety; or (3) any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials.
    • statuteN.J. Stat. Ann. § 12A:12-5enactment date not established
      Show the words that state the rule
      c. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statuteN.J. Stat. Ann. § 12A:12-9enactment date not established
      Show the words that state the rule
      a. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. b. The effect of an electronic record or electronic signature attributed to a person under subsection a. of this section is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties' agreement, if any, and as otherwise provided by law.
    • statuteN.J. Stat. Ann. § 12A:12-3enactment date not established
      Show the words that state the rule
      e. A transaction subject to this act is subject also to other applicable substantive law.
    • statuteN.J. Stat. Ann. § 12A:12-3enactment date not established
      Show the words that state the rule
      d. This act applies to an electronic record or electronic signature otherwise excluded from the application of this act under subsection b. of this section to the extent it is governed by a law other than those specified in subsection b. of this section.
    • case214 N.J. 419Shelton v. Restaurant.com, Inc.N.J.decided 2013read it at the source ↗
      Show the words that state the rule
      We reject the argument advanced by Restaurant.com that the transactions between it and plaintiffs cannot be considered consumer contracts because they are not in writing. In 2001, the Legislature enacted the Uniform Electronic Transactions Act (UETA), N.J.S.A. 12A:12-1 to -26, to address the steady shift from traditional paper transactions to electronic transactions. See L. 2001, c. 116, § 6. The UETA governs transactions between parties who have agreed to conduct their transaction by electronic means. N.J.S.A. 12A:12-5(b). According to the UETA, a contract cannot “be denied legal effect ... solely because an electronic record was used in its formation.” N.J.S.A. 12A:12-7(b).
  17. read at the 2026-10-03 bar

    Is an electronic signature on this document as good as ink in New York?

    Yes, with statutory exceptions. Under the Electronic Signatures and Records Act, State Technology Law § 304(2), unless specifically provided otherwise by law an electronic signature may be used by a person in lieu of a signature affixed by hand, and its use has the same validity and effect as a signature affixed by hand. The article defines an 'electronic signature' as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record (§ 302(3)), so the intent to sign is part of the definition. Equivalence is not compulsion: § 309, headed 'Use of electronic records and signatures to be voluntary', provides that nothing in the article requires any entity or person to use an electronic record or an electronic signature unless otherwise provided by law, so a counterparty who will not sign electronically cannot be made to. Section 307 opens 'This article shall not apply:' and then removes whole classes of documents: documents providing for the disposition of an individual's person or property on death or incompetence, or appointing a fiduciary of an individual's person or property, including, without limitation, wills, trusts, decisions consenting to orders not to resuscitate and powers of attorney (with narrow exceptions for contractual beneficiary designations, anatomical-gift registrations, funeral and cemetery authorizations, and a salvage-title power of attorney), and negotiable instruments and other instruments of title where possession confers title, unless the electronic version exists in a single unique, identifiable and unalterable copy. Records travel with signatures: "An electronic record shall have the same force and effect as those records not produced by electronic means" (§ 305(3)), and an electronic record or signature may be admitted into evidence under CPLR article 45, including CPLR 4539 (§ 306). Section 307(1) is held in two versions: the text quoted here governs until December 12, 2027, and from that date the same paragraph excepts a will "executed pursuant to part six of article three of the estates, powers and trusts law".

    The trap

    New York's carve-outs are document-type carve-outs, not consumer carve-outs, and they hit the deal documents people actually sign electronically: a power of attorney executed as part of a financing is excluded (unless it is the salvage-title power of attorney § 307 excepts), and a transferable instrument of title is outside the article unless the single-authoritative-copy condition is met. Section 307(3) also excludes any other document the electronic facilitator (the office of information technology services, § 303(1)) has specifically excepted by rule, so the statute alone does not give the full list; and subdivision 1's own list of excluded instruments is given 'without limitation', so even the enumerated classes do not close it. Section 304(1) forbids the electronic facilitator's rules from apportioning fault or imposing or limiting liability relating to the use of electronic signatures; the article's text read here does not itself allocate that risk.

    as of 2026-09-16

    12 authorities

    • statuteN.Y. STT Law § 304enactment date not established
      Show the words that state the rule
      2. In accordance with this section unless specifically provided otherwise by law, an electronic signature may be used by a person in lieu of a signature affixed by hand. The use of an electronic signature shall have the same validity and effect as the use of a signature affixed by hand.
    • statuteN.Y. STT Law § 307enactment date not established
      Show the words that state the rule
      § 307. Exceptions. This article shall not apply: * 1. To any document providing for the disposition of an individual's person or property upon death or incompetence, or appointing a fiduciary of an individual's person or property, including, without limitation, wills, trusts, decisions consenting to orders not to resuscitate, and powers of attorney, with the exception of: (a) contractual beneficiary designations; (b) the registration of making, amending, or revoking an anatomical gift under section forty-three hundred ten of the public health law; (c) documents and forms authorizing or accepting funeral, cemetery and cremation services; and (d) the execution of a valid power of attorney for the purpose of transferring a salvage certificate of title and the execution of an odometer and damage disclosure statement in connection with such title whenever a loss in connection with a private automobile is determined by an insurer to be a total loss or constructive total loss under section three thousand four hundred twelve of the insurance law. * NB Effective until December 12, 2027
    • statuteN.Y. STT Law § 307enactment date not established
      Show the words that state the rule
      2. To any negotiable instruments and other instruments of title wherein possession of the instrument is deemed to confer title, unless an electronic version of such record is created, stored or transferred pursuant to this article in a manner that allows for the existence of only one unique, identifiable and unalterable version which cannot be copied except in a form that is readily identifiable as a copy.
    • statuteN.Y. STT Law § 304enactment date not established
      Show the words that state the rule
      1. The electronic facilitator shall establish rules and regulations governing the use of electronic signatures and authentication. The electronic facilitator shall not establish rules or regulations that seek to apportion fault or impose or limit liability relating to the use of electronic signatures.
    • statuteN.Y. STT Law § 305enactment date not established
      Show the words that state the rule
      3. An electronic record shall have the same force and effect as those records not produced by electronic means.
    • statuteN.Y. STT Law § 306enactment date not established
      Show the words that state the rule
      In any legal proceeding where the provisions of the civil practice law and rules are applicable, an electronic record or electronic signature may be admitted into evidence pursuant to the provisions of article forty-five of the civil practice law and rules including, but not limited to section four thousand five hundred thirty-nine of such law and rules.
    • statuteN.Y. STT Law § 307enactment date not established
      Show the words that state the rule
      3. To any other document that the electronic facilitator has specifically excepted, pursuant to the rules and regulations of the electronic facilitator, from the application of this article.
    • statuteN.Y. STT Law § 307enactment date not established
      Show the words that state the rule
      1. To any document providing for the disposition of an individual's person or property upon death or incompetence, or appointing a fiduciary of an individual's person or property, including, without limitation, wills, unless such will is executed pursuant to part six of article three of the estates, powers and trusts law, trusts, decisions consenting to orders not to resuscitate, and powers of attorney, with the exception of: (a) contractual beneficiary designations; (b) the registration of making, amending, or revoking an anatomical gift under section forty-three hundred ten of the public health law; (c) documents and forms authorizing or accepting funeral, cemetery and cremation services; and (d) the execution of a valid power of attorney for the purpose of transferring a salvage certificate of title and the execution of an odometer and damage disclosure statement in connection with such title whenever a loss in connection with a private automobile is determined by an insurer to be a total loss or constructive total loss under section three thousand four hundred twelve of the insurance law. * NB Effective December 12, 2027
    • statuteN.Y. STT Law § 309enactment date not established
      Show the words that state the rule
      § 309. Use of electronic records and signatures to be voluntary. Nothing in this article shall require any entity or person to use an electronic record or an electronic signature unless otherwise provided by law.
    • statuteN.Y. STT Law § 302enactment date not established
      Show the words that state the rule
      2. "Electronic record" shall mean information, evidencing any act, transaction, occurrence, event, or other activity, produced or stored by electronic means and capable of being accurately reproduced in forms perceptible by human sensory capabilities. 3. "Electronic signature" shall mean an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record.
    • statuteN.Y. STT Law § 303enactment date not established
      Show the words that state the rule
      § 303. Electronic facilitator. 1. The office of information technology services shall be the electronic facilitator and administer this article. In addition to the authority, duties and responsibilities set forth in article one of this chapter, the electronic facilitator shall have the authority, duties and responsibilities granted in this article.
    • statuteN.Y. STT Law § 301enactment date not established
      Show the words that state the rule
      § 301. Short title. This article shall be known and may be cited as the "electronic signatures and records act".
  18. read at the 2026-10-03 bar

    Is an electronic signature on this document as good as ink in North Carolina?

    Yes, within the Uniform Electronic Transactions Act's scope and only between parties who agreed to transact electronically. N.C.G.S. § 66-317 provides that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form; that a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation; that if a law requires a record to be in writing an electronic record satisfies the law provided it complies with the Article; and that if a law requires a signature an electronic signature satisfies the law on the same condition. The gate is agreement: § 66-315(b) provides that the Article 'applies only to transactions between parties each of which has agreed to conduct transactions by electronic means', and that whether the parties so agreed 'is determined from the context and surrounding circumstances, including the parties' conduct'. 'Electronic signature' is defined by § 66-312(9) as an 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.

    The trap

    The scope section is where North Carolina deals differ from the federal picture. Section 66-313(b) takes a transaction out of the Article to the extent it is governed by a law governing the creation and execution of wills, codicils or testamentary trusts; by Chapter 25 of the General Statutes, the Uniform Commercial Code, OTHER THAN G.S. 25-1-306, Article 2 and Article 2A; or by Article 11A of Chapter 66. So a sale of goods or a lease of goods is inside the Act, while a negotiable instrument, a secured transaction record or a letter of credit under the rest of Chapter 25 is outside it as to what those Articles govern, and only to that extent, because § 66-313(c) puts a record or signature excluded by (b) back inside the Article to the extent it is governed by a law other than the ones (b) specifies. Section 66-313(e) then lists five things the Article does not apply to at all, no matter who agreed to what: four of them notices, of the cancellation or termination of utility services including water, heat and power; of default, acceleration, repossession, foreclosure or eviction, or of the right to cure, under a credit agreement secured by, or a rental agreement for, an individual's primary residence; of the cancellation or termination of health insurance or benefits or life insurance or benefits, excluding annuities; and of the recall of a product or a material product failure that risks endangering health or safety, and the fifth not a notice at all but any document required to accompany the transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials. So the e-notice provision in a residential loan or lease does not get the Act's blessing. And § 66-315(c) gives a party who agreed to transact electronically the right to refuse to conduct OTHER transactions electronically, and says that right 'may not be waived by agreement' (the one thing in § 66-315 that an agreement cannot touch, since (d) otherwise lets the effect of the Article's provisions be varied by agreement), so a blanket consent-to-electronic-everything clause cannot bind a counterparty for the future. One North Carolina cross-reference worth knowing: § 6-21.6(b)(1) makes a reciprocal attorneys' fees clause in a business contract enforceable on an electronic signature 'as defined in G.S. 66-312' only where the signature originates from an affirmative action such as typing or drawing the party's signature, and 'business contract' is defined by § 6-21.6(a)(1) as a contract entered into primarily for business or commercial purposes, which does NOT include a consumer contract, an employment contract or a contract to which a government or a governmental agency of this State is a party.

    as of 2026-09-17

    12 authorities

    • statuteN.C.G.S. § 66-317enactment date not established
      Show the words that state the rule
      A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law provided it complies with the provisions of this Article.
    • statuteN.C.G.S. § 66-315enactment date not established
      Show the words that state the rule
      (a) This Article does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This Article applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statuteN.C.G.S. § 66-313enactment date not established
      Show the words that state the rule
      (a) Except as otherwise provided in subsections (b), (c), and (e) of this section, this Article applies to electronic records and electronic signatures relating to a transaction. (b) This Article does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts. (2) Chapter 25 of the General Statutes other than G.S. 25-1-306, Article 2, and Article 2A. (3) Article 11A of Chapter 66 of the General Statutes.
    • statuteN.C.G.S. § 66-313enactment date not established
      Show the words that state the rule
      (c) This Article applies to an electronic record or electronic signature otherwise excluded from the application of this Article under subsection (b) of this section to the extent it is governed by a law other than those specified in subsection (b) of this section. (d) A transaction subject to this Article is also subject to other applicable substantive law.
    • statuteN.C.G.S. § 6-21.6enactment date not established
      Show the words that state the rule
      Reciprocal attorneys' fees provisions in business contracts are valid and enforceable for the recovery of reasonable attorneys' fees and expenses only if all of the parties to the business contract sign the contract by hand or with one of the following:
    • statuteN.C.G.S. § 66-317enactment date not established
      Show the words that state the rule
      (d) If a law requires a signature, an electronic signature satisfies the law provided it complies with the provisions of this Article.
    • statuteN.C.G.S. § 66-312enactment date not established
      Show the words that state the rule
      (9) "Electronic signature" means an 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.
    • statuteN.C.G.S. § 66-313enactment date not established
      Show the words that state the rule
      This Article shall not apply to: (1) Any notice of the cancellation or termination of utility services, including water, heat, and power. (2) Any 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. (3) Any notice of the cancellation or termination of health insurance or benefits, or life insurance or benefits, excluding annuities. (4) Any notice of the recall of a product, or material failure of a product that risks endangering health or safety. (5) Any document required to accompany the transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
    • statuteN.C.G.S. § 66-315enactment date not established
      Show the words that state the rule
      A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statuteN.C.G.S. § 66-315enactment date not established
      Show the words that state the rule
      (d) Except as otherwise provided in this Article, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this Article of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences is determined by this Article and other applicable law.
    • statuteN.C.G.S. § 6-21.6enactment date not established
      Show the words that state the rule
      (1) An electronic signature, as defined in G.S. 66-312, if the party's electronic signature originates from an affirmative action on the part of the party to evidence acceptance and execution such as typing the party's signature or writing the party's signature with a finger or stylus on a touchscreen to indicate acceptance and execution. (2) A manual signature that is delivered by an electronic reproductive image thereof.
    • statuteN.C.G.S. § 6-21.6enactment date not established
      Show the words that state the rule
      (1) Business contract. - A contract entered into primarily for business or commercial purposes. The term does not include a consumer contract, an employment contract, or a contract to which a government or a governmental agency of this State is a party.
  19. read at the 2026-10-03 bar

    Is an electronically signed version of this contract valid in North Dakota, and do both sides have to agree to sign electronically?

    Yes, North Dakota's Uniform Electronic Transactions Act gives an electronic record or signature the same legal effect as a paper one, but only as between parties who have agreed to transact electronically. N.D.C.C. § 9-16-06(1)-(2): "A record or signature may not be denied legal effect or enforceability solely because the record or signature is in electronic form," and "[a] contract may not be denied legal effect or enforceability solely because an electronic record was used in the contract's formation." That coverage is conditioned by N.D.C.C. § 9-16-04(2): "This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct transactions by electronic means is determined from the context and surrounding circumstances, including the parties' conduct."

    The trap

    The chapter's applicability turns entirely on agreement-in-fact, not on a party's mere capacity to transact electronically: silence, or one party's unilateral practice of sending documents by email, does not by itself satisfy § 9-16-04(2)'s 'agreed to conduct transactions by electronic means' test, which looks at context and conduct on both sides. And even a party who has agreed to conduct SOME transactions electronically keeps a non-waivable right to refuse to do so for other transactions: § 9-16-04(3) states that right 'may not be varied by agreement.' Separately, § 9-16-06(3)-(4) only satisfies a writing or signature REQUIREMENT found in other law: it does not, on its own text, address a requirement that a record be an ORIGINAL or that a signature be witnessed or acknowledged in a particular way; those questions are addressed by other sections of the same chapter (§§ 9-16-10, 9-16-11) that were not read for this rule. Consent is per transaction, not once and for all: “If a party agrees to conduct a transaction by electronic means, this chapter does not prohibit the party from refusing to conduct other transactions by electronic means.” So agreeing to sign one document electronically does not commit a party to the next one. Two of the chapter's own rules bound this one in the other direction. Nobody is forced online: "This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form." And apart from the non-waivable subsection, the chapter is a default regime: "Except as otherwise provided in this chapter, the effect of any of this chapter's provisions may be varied by agreement." No North Dakota decision applying the chapter was found: every published North Dakota opinion was searched for both section numbers in the hyphenated and the spaced spelling, and for the Act by name and by its initials, with no hits on any form.

    as of 2026-09-21

    5 authorities

    • statuteN.D.C.C. § 9-16-06enactment date not established
      Show the words that state the rule
      A record or signature may not be denied legal effect or enforceability solely because the record or signature is in electronic form.
    • statuteN.D.C.C. § 9-16-06enactment date not established
      Show the words that state the rule
      A contract may not be denied legal effect or enforceability solely because an electronic record was used in the contract's formation. - If a law requires a record to be in writing, an electronic record satisfies the law. - If a law requires a signature, an electronic signature satisfies the law.
    • statuteN.D.C.C. § 9-16-04enactment date not established
      Show the words that state the rule
      This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. - This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct transactions by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statuteN.D.C.C. § 9-16-04enactment date not established
      Show the words that state the rule
      If a party agrees to conduct a transaction by electronic means, this chapter does not prohibit the party from refusing to conduct other transactions by electronic means. This subsection may not be varied by agreement.
    • statuteN.D.C.C. § 9-16-04enactment date not established
      Show the words that state the rule
      Except as otherwise provided in this chapter, the effect of any of this chapter's provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. - Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
  20. read at the 2026-10-03 bar

    Is this agreement unenforceable because it was signed electronically, or agreed by email?

    No, on the text Ohio courts have quoted. The Third District set out R.C. 1306.06 whole in a contract dispute: a record or signature may not be denied legal effect or enforceability solely because it is in electronic form (division (A)); a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation (division (B)); if a law requires a record to be in writing, an electronic record satisfies the law (division (C)); and if a law requires a signature, an electronic signature satisfies the law (division (D)) (BP Metals). The Second District quoted divisions (A) and (D) to the same effect, although it did so about a judge's signature on a judgment entry rather than about a contract (Grand Voiture). R.C. 1306.01(H) defines an electronic signature as an 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, and adds that a signature secured through blockchain technology is considered to be in an electronic form and to be an electronic signature.

    The trap

    Electronic form is not the same as agreement. In Mezher the emails identified the parties, the property and the price and carried an electronic signature of the party to be charged, and the court still had to ask 'whether the parties intended to enter into a contract at the time of the email exchanges', because the exchange contemplated that the parties would sign a formal document. The chapter has a gate before any of it applies: it turns on whether the parties agreed to conduct the transaction by electronic means, which the Third District treated as a question of fact and tied to R.C. 1306.07(A), and the effect of an electronic record or signature is determined from the context and surrounding circumstances including the parties' agreement (R.C. 1306.08(B)). The chapter's own scope section and its list of excluded records are not quoted in any authority read for this rule, so nothing here tells you whether a particular record is excluded, and R.C. 1306.06's 'intent to sign' element is a fact question, not a formality.

    as of 2026-09-17

    6 authorities

    • case2024-Ohio-5410Grand Voiture d'Ohio Societe des 40 et 8 v. Montgomery Cty. Voiture No. 34 la Societe 40 et 8Ohio Ct. App. 2d Dist.decided 2024
      Show the words that state the rule
      R.C. 1306.01(H) defines "Electronic signature" as “an 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. A signature that is secured through blockchain technology is considered to be in an electronic form and to be an electronic signature.”
    • case2024-Ohio-5410Grand Voiture d'Ohio Societe des 40 et 8 v. Montgomery Cty. Voiture No. 34 la Societe 40 et 8Ohio Ct. App. 2d Dist.decided 2024
      Show the words that state the rule
      R.C. 1306.06(A) (“A record or signature may not be denied legal effect or -19- enforceability solely because it is in electronic form.”)
    • case2018-Ohio-3787Mezher v. SchrandOhio Ct. App. 1st Dist.decided 2018
      Show the words that state the rule
      But, the parties’ email exchange contemplated that the parties would sign a formal document. Thus, in determining whether the statute of frauds is satisfied, the question becomes whether the parties intended to enter into a contract at the time of the email exchanges.
    • case2024-Ohio-5410Grand Voiture d'Ohio Societe des 40 et 8 v. Montgomery Cty. Voiture No. 34 la Societe 40 et 8Ohio Ct. App. 2d Dist.decided 2024
      Show the words that state the rule
      “If a law requires a signature, an electronic signature satisfies the law.” R.C. 1306.06(D).
    • case2018-Ohio-3527BP Metals, L.L.C. v. GlassOhio Ct. App. 3d Dist.decided 2018
      Show the words that state the rule
      Indeed, the Ohio Uniform Electronic Transaction Act codified under R.C. Chapter 1306 recognizes the enforceability of electronic records. R.C. 1306.06 provides: (A) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. -9- Case No. 11-17-08 (B) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (C) If a law requires a record to be in writing, an electronic record satisfies the law. (D) If a law requires a signature, an electronic signature satisfies the law.
    • case2018-Ohio-3527BP Metals, L.L.C. v. GlassOhio Ct. App. 3d Dist.decided 2018
      Show the words that state the rule
      A document converted to digital form and remitted by email is an electronic record. As such, the email referenced above creates a genuine issue of material fact as to whether the parties agreed to conduct the transaction by electronic means and create a binding contract under Ohio law. See R.C. 1306.08(B) (“The effect of an electronic record or electronic signature attributed to a person * * * shall -10- Case No. 11-17-08 be determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by law.”); R.C. 1306.12 (“In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.”); R.C. 1306.07(A) (“If the parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt.”
  21. read at the 2026-10-03 bar

    Is an e-signed contract enforceable in Oregon, and does it satisfy a writing requirement?

    Yes, within Oregon's Uniform Electronic Transactions Act (ORS 84.001 to 84.061). A record or signature may not be denied legal effect or enforceability solely because it is in electronic form; a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation; if a law requires a record to be in writing an electronic record satisfies it, and if a law requires a signature an electronic signature satisfies it (ORS 84.019). The Act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means, determined from the context and surrounding circumstances including the parties' conduct (84.013(2)), and does not apply to a transaction to the extent it is governed by a law governing wills, codicils or testamentary trusts, or by the Uniform Commercial Code other than ORS chapters 72 and 72A (84.007(2)); apart from that exclusion the Act applies to electronic records and signatures relating to a transaction (84.007(1)). A party that has agreed to transact electronically may still refuse to conduct other transactions by electronic means, and that right may not be waived by agreement; otherwise the Act's provisions may be varied by agreement (84.013(3)-(4)).

    The trap

    The Act applies only between parties who agreed to transact electronically, and that agreement is determined from the context and surrounding circumstances including the parties' conduct (84.013(2)). It does not apply to a transaction to the extent a law governing wills, codicils or testamentary trusts, or the Uniform Commercial Code outside ORS chapters 72 and 72A, governs it (84.007(2)), but the exclusion is only pro tanto: 84.007(3) applies the Act to an otherwise-excluded electronic record to the extent it is governed by a law other than those specified in (2). A blanket consent to all future electronic dealings does not bind either: a party that agreed to transact electronically may refuse to conduct other transactions that way, and 84.013(3) makes that right non-waivable by agreement.

    as of 2026-09-17

    5 authorities

    • statuteORS 84.019enactment date not established
      Show the words that state the rule
      A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (3) If a law requires a record to be in writing, an electronic record satisfies the law. (4) If a law requires a signature, an electronic signature satisfies the law.
    • statuteORS 84.013enactment date not established
      Show the words that state the rule
      ORS 84.001 to 84.061 apply only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
    • statuteORS 84.013enactment date not established
      Show the words that state the rule
      A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement. (4) Except as otherwise provided in ORS 84.001 to 84.061, the effect of any provision of ORS 84.001 to 84.061 may be varied by agreement. The presence in certain provisions of ORS 84.001 to 84.061 of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions of ORS 84.001 to 84.061 may not be varied by agreement.
    • statuteORS 84.007enactment date not established
      Show the words that state the rule
      Except as otherwise provided in subsection (2) of this section, ORS 84.001 to 84.061 apply to electronic records and electronic signatures relating to a transaction. (2) ORS 84.001 to 84.061 do not apply to a transaction to the extent it is governed by: (a) A law governing the creation and execution of wills, codicils or testamentary trusts; or (b) The Uniform Commercial Code other than ORS chapters 72 and 72A.
    • statuteORS 84.007enactment date not established
      Show the words that state the rule
      ORS 84.001 to 84.061 apply to an electronic record or electronic signature otherwise excluded from the application of ORS 84.001 to 84.061 under subsection (2) of this section to the extent it is governed by a law other than those specified in subsection (2) of this section.
  22. read at the 2026-10-03 bar

    Is our contract unenforceable in Rhode Island because it was signed electronically, or agreed by email?

    No, but only if both sides agreed to transact electronically, and not for a transaction governed by title 6A outside UCC articles 2 and 2A or by the law of wills. Rhode Island's Uniform Electronic Transactions Act, R.I. Gen. Laws ch. 42-127.1, provides in § 42-127.1-7 that "A record or signature may not be denied legal effect or enforceability solely because it is in electronic form", that a contract may not be denied effect solely because an electronic record was used in its formation, that "If a law requires a record to be in writing, an electronic record satisfies the law", and that "If a law requires a signature, an electronic signature satisfies the law." An "[e]lectronic signature" is "an 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" (§ 42-127.1-2(8)). THE SCOPE SECTION IS THE ONE THAT DECIDES CASES. Section 42-127.1-3(b): "This chapter does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts; or (2) Title 6A other than §§ 6A-1-107 and 6A-1-206, chapter 2 of title 6A, and chapter 2.1 of title 6A". That is, the whole Rhode Island UCC is carved out except sale of goods (chapter 2), leases (chapter 2.1) and two article 1 sections. Subsection (c) puts the excluded record back inside the chapter "to the extent it is governed by a law other than those specified in subsection (b)", and subsection (d) adds that "A transaction subject to this chapter is also subject to other applicable substantive law." And § 42-127.1-5(b) limits the whole Act: "This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means", agreement being "determined from the context and surrounding circumstances, including the parties conduct." The Act runs only to records created on or after July 13, 2000, and an earlier record "shall be subject to the terms of the Electronic Signatures and Records Act as it stood at the time of that creation" (§ 42-127.1-4).

    The trap

    Electronic form is never the defence in Rhode Island; content and attribution are. Section 42-127.1-7 fixes the FORM of the record, and R.I. Gen. Laws § 9-1-4 still demands a note or memorandum "signed by the party to be charged therewith", and that is where real cases are lost. In Loffredo v. Shapiro a mass of "telephone calls, text messages, and e-mail communications", including the seller's own signed email, did not satisfy the statute of frauds because the purchase and sales agreement "lacks a signature from the Shapiros, who were the parties to be charged"; in 1100 North Main LLC the Court added that "the existence of a signature in the abstract is not the relevant question in assessing compliance with the statute of frauds." Two further statutory traps. Attribution is a fact question you must prove: "An electronic record or electronic signature is attributable to a person if it was the act of the person" (§ 42-127.1-9(a)). A security procedure is evidence, not a presumption. And § 42-127.1-8 makes a delivery trap out of your own portal. Subsection (a) applies where the parties have agreed to transact electronically and another law requires information to be given in writing: the requirement is met only by "an electronic record capable of retention by the recipient at the time of receipt", and a record "is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record"; subsection (c) then provides that "[i]f a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient", and by subsection (d) "[t]he requirements of this section may not be varied by agreement" except in the two narrow cases it names. Finally, note the consent gate in § 42-127.1-5(c): a party who agrees to transact electronically once "may refuse to conduct other transactions by electronic means", and "[t]he right granted by this subsection may not be waived by agreement", so a clause in your terms purporting to bind the counterparty to electronic dealings forever is, on the section's words, unwaivable in that respect.

    as of 2026-09-20

    18 authorities

    • statuteR.I. Gen. Laws § 42-127.1-7enactment date not established
      Show the words that state the rule
      (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
    • statuteR.I. Gen. Laws § 42-127.1-7enactment date not established
      Show the words that state the rule
      (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
    • statuteR.I. Gen. Laws § 42-127.1-3enactment date not established
      Show the words that state the rule
      (b) This chapter does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts; or (2) Title 6A other than §§ 6A-1-107 and 6A-1-206, chapter 2 of title 6A, and chapter 2.1 of title 6A;
    • statuteR.I. Gen. Laws § 42-127.1-3enactment date not established
      Show the words that state the rule
      (c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) to the extent it is governed by a law other than those specified in subsection (b). (d) A transaction subject to this chapter is also subject to other applicable substantive law.
    • statuteR.I. Gen. Laws § 42-127.1-5enactment date not established
      Show the words that state the rule
      (b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties conduct.
    • statuteR.I. Gen. Laws § 42-127.1-5enactment date not established
      Show the words that state the rule
      (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statuteR.I. Gen. Laws § 42-127.1-2enactment date not established
      Show the words that state the rule
      (8) “Electronic signature” means an 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.
    • statuteR.I. Gen. Laws § 42-127.1-4enactment date not established
      Show the words that state the rule
      This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 13, 2000. Any electronic record or electronic signature created, generated, sent, communicated, received, or stored prior to the effective date of this chapter, but on or after the effective date of the Electronic Signatures and Records Act (formerly chapter 127 of this title) which this replaces, shall be subject to the terms of the Electronic Signatures and Records Act as it stood at the time of that creation, generation, sending, communication, reception, or storage.
    • statuteR.I. Gen. Laws § 42-127.1-9enactment date not established
      Show the words that state the rule
      (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to who the electronic record or electronic signature was attributable.
    • statuteR.I. Gen. Laws § 42-127.1-8enactment date not established
      Show the words that state the rule
      (c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
    • statuteR.I. Gen. Laws § 9-1-4enactment date not established
      Show the words that state the rule
      unless the promise or agreement upon which the action shall be brought, or some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him or her thereunto lawfully authorized.
    • case274 A.3d 782Loffredo v. ShapiroR.I.decided 2022read it at the source ↗
      Show the words that state the rule
      We are entirely unpersuaded by the Loffredos’ contention that the mélange of telephone calls, text messages, and e-mail communications somehow constitutes a “note or memorandum * * * in writing, and signed by the party to be charged therewith,” as the Statute of Frauds so explicitly requires.
    • caseNo. 2024-203-Appeal.1100 North Main LLC v. Shoreby Hill Properties, Inc.R.I.decided 2026
      Show the words that state the rule
      existence of a signature in the abstract is not the relevant question in assessing compliance with the statute of frauds. Instead, this Court looks to the written note or memorandum at issue
    • caseNo. 2024-203-Appeal.1100 North Main LLC v. Shoreby Hill Properties, Inc.R.I.decided 2026
      Show the words that state the rule
      The plaintiff argues that defendant’s attorney’s signature on an email agreeing to the terms of the purchase and sales agreement constitutes a memorandum sufficient to satisfy the statute of frauds; however, the existence of a signature in the abstract is not the relevant question in assessing compliance with the statute of frauds.
    • case274 A.3d 782Loffredo v. ShapiroR.I.decided 2022read it at the source ↗
      Show the words that state the rule
      Very significantly, however, as the Loffredos conceded in their answers to interrogatories, the proposed purchase and sales document lacks a signature from the Shapiros, who were the parties to be charged.
    • statuteR.I. Gen. Laws § 42-127.1-8enactment date not established
      Show the words that state the rule
      If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information, in writing, to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
    • statuteR.I. Gen. Laws § 42-127.1-8enactment date not established
      Show the words that state the rule
      The requirements of this section may not be varied by agreement, but: (1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
    • caseNo. 2024-203-Appeal.1100 North Main LLC v. Shoreby Hill Properties, Inc.R.I.decided 2026
      Show the words that state the rule
      Conclusion Accordingly, the trial justice’s judgment granting the defendant’s motion to dismiss and denying the plaintiff’s motion to amend is affirmed. We remand the papers to the Superior Court.
  23. no reading recorded at the 2026-10-03 bar

    Is an electronically signed version of this contract valid in South Dakota, and do both sides have to agree to sign electronically?

    Yes, South Dakota's Uniform Electronic Transactions Act gives an electronic record or signature the same legal effect as a paper one, but the chapter applies only as between parties who have agreed to transact electronically. SDCL 53-12-2: "Except as otherwise provided in § 53-12-3, this chapter applies to electronic records and electronic signatures relating to a transaction." That coverage is conditioned by SDCL 53-12-8: "This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct."

    The trap

    The chapter's applicability turns entirely on agreement-in-fact between both sides, not on a party's mere capacity to transact electronically: silence, or one party's unilateral practice of sending documents by email, does not by itself satisfy § 53-12-8's "agreed to conduct transactions by electronic means" test, which looks at context and conduct on both sides. SDCL 53-12-3 also excludes several categories from the chapter entirely regardless of the parties' agreement: the Uniform Probate Code and other law governing wills, codicils, or testamentary trusts; most of the Uniform Commercial Code (everything except §§ 57A-1-107, 57A-1-206, and chapters 57A-2, 57A-2A, and 57A-9); and transactions under the Unified Judicial System's own rules. A drafter relying on the Act for a document within one of those excluded categories (a will, a negotiable instrument outside Article 2/2A/9, or a court filing) is relying on a chapter that, by its own § 53-12-3, does not reach it.

    as of 2026-09-21

    3 authorities

    • statuteSDCL § 53-12-2enactment date not established
      Show the words that state the rule
      Except as otherwise provided in § 53-12-3 , this chapter applies to electronic records and electronic signatures relating to a transaction.
    • statuteSDCL § 53-12-8enactment date not established
      Show the words that state the rule
      This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statuteSDCL § 53-12-3enactment date not established
      Show the words that state the rule
      This chapter does not apply to a transaction to the extent it is governed by: (1) The Uniform Probate Code or other law governing the creation and execution of wills, codicils, or testamentary trusts; (2) The Uniform Commercial Code other than §§ 57A-1-107 and 57A-1-206 , and chapters 57A-2 , 57A-2A , and 57A-9 ; and (3) Transactions under chapter 15-6 or other transactions involving the Unified Judicial System.
  24. read at the 2026-10-03 bar

    Is this contract unenforceable because it was signed electronically?

    No, not on that ground. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form, and a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Where a law requires a record to be in writing, an electronic record satisfies that law; where a law requires a signature, an electronic signature satisfies it.

    The trap

    The section removes one objection and supplies nothing else, but the chapter supplies an enforceability bar of its own: under § 322.008(c), if a sender inhibits the recipient's ability to store or print an electronic record, that record is not enforceable against the recipient. And the chapter has a threshold before agreement: § 322.003 does not reach a transaction governed by a law on wills, codicils or testamentary trusts, or by the UCC other than Chapters 2 and 2A. Whether a mark is an 'electronic signature' at all turns on § 322.002(8), a sound, symbol or process executed or adopted 'with the intent to sign the record'. Under § 322.005(d) the effect of the chapter's provisions may be varied by agreement except where it says otherwise, so most of it is default law. § 26.01 itself requires a writing AND a signature, so § 322.007(c) and (d) both do work. Federal E-SIGN (15 U.S.C. § 7001) may govern the same record and is not addressed here, and it only applies at all between parties who AGREED to deal electronically. § 322.005(b) confines the chapter to transactions between parties each of which has agreed to conduct transactions by electronic means, with agreement found from context and conduct; (c) lets a party that agreed once refuse the next time, and that right cannot be waived. So the first question is not whether the signature is electronic but whether the other side ever agreed to electronic dealing. Attribution is a separate step: under § 322.009(a) an electronic record or signature is attributable to a person only if it was that person's act, shown in any manner including the efficacy of a security procedure, and under (b) the EFFECT of a record so attributed is 'determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law', so attribution establishes authorship, not terms. Retention is answered rather than left open: § 322.012(a) satisfies a retention requirement with an electronic record that accurately reflects the information and 'remains accessible for later reference', and (d) satisfies a law demanding the ORIGINAL form with a record retained under (a). Read this with the statute-of-frauds rule on Tex. Bus. & Com. Code § 26.01: § 322.007(c) is what lets an electronic record satisfy that section's 'in writing' requirement, so the two operate as a pair.

    as of 2026-09-14

    8 authorities

    • statuteTex. Bus. & Com. Code § 322.007enacted 2009-04-01
      Show the words that state the rule
      (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.
    • statuteTex. Bus. & Com. Code § 322.005enacted 2009-04-01
      Show the words that state the rule
      (b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement. (d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
    • statuteTex. Bus. & Com. Code § 322.009enacted 2009-04-01
      Show the words that state the rule
      (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (b) The effect of an electronic record or electronic signature attributed to a person under Subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
    • statuteTex. Bus. & Com. Code § 322.012enacted 2009-04-01
      Show the words that state the rule
      (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (2) remains accessible for later reference. (b) A requirement to retain a record in accordance with Subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. (c) A person may satisfy Subsection (a) by using the services of another person if the requirements of that subsection are satisfied. (d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with Subsection (a). (e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with Subsection (a). (f) A record retained as an electronic record in accordance with Subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after January 1, 2002, specifically prohibits the use of an electronic record for the specified purpose. (g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
    • statuteTex. Bus. & Com. Code § 322.003enacted 2019-09-01
      Show the words that state the rule
      (a) Except as otherwise provided in Subsections (b) and (e), this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by: (1) a law governing the creation and execution of wills, codicils, or testamentary trusts; or (2) the Uniform Commercial Code, other than Sections 1.107 and 1.206 and Chapters 2 and 2A .
    • statuteTex. Bus. & Com. Code § 322.008enacted 2009-04-01
      Show the words that state the rule
      (c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
    • statuteTex. Bus. & Com. Code § 322.002enacted 2009-04-01
      Show the words that state the rule
      (8) "Electronic signature" means an 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.
    • statuteTex. Bus. & Com. Code § 26.01enacted 2005-09-01
      Show the words that state the rule
      (a) A promise or agreement described in Subsection (b) of this section is not enforceable unless the promise or agreement, or a memorandum of it, is (1) in writing; and (2) signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him.
  25. read at the 2026-10-03 bar

    Is an e-signed contract enforceable in Utah, and does it satisfy a writing requirement?

    Yes, within Utah's Uniform Electronic Transactions Act. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form; a contract may not be denied legal effect solely because an electronic record was used in its formation; an electronic record satisfies a law requiring a writing and an electronic signature satisfies a law requiring a signature (§ 46-4-201). The Act covers electronic records and signatures relating to a transaction except as its scope section provides otherwise (§ 46-4-103), and it applies only to transactions between parties each of which has agreed to conduct transactions by electronic means, determined from the context and surrounding circumstances including the parties' conduct (§ 46-4-105).

    The trap

    The Act does not apply to wills, codicils and testamentary trusts, or to Title 70A (the Uniform Commercial Code) other than § 70A-1a-306 and the Sales and Leases chapters (§ 46-4-103), so on its own it does not validate an electronic negotiable instrument or secured-transaction record. The exclusion is not the end of it: § 46-4-103 brings an otherwise excluded record or signature back in to the extent some law other than those listed governs it, and says a transaction the chapter covers is still subject to other applicable substantive law. Consent to electronic dealing is a threshold, not a formality, and it is not a blanket: a party that agrees to deal electronically may refuse to conduct other transactions that way, and that right cannot be waived by agreement (§ 46-4-105).

    as of 2026-09-17

    6 authorities

    • statuteUtah Code § 46-4-201enactment date not established
      Show the words that state the rule
      A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. If a law requires a record to be in writing, an electronic record satisfies the law. If a law requires a signature, an electronic signature satisfies the law.
    • statuteUtah Code § 46-4-105enactment date not established
      Show the words that state the rule
      This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether or not the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
    • statuteUtah Code § 46-4-103enactment date not established
      Show the words that state the rule
      This chapter does not apply to: a transaction to the extent it is governed by a law governing the creation and execution of wills, codicils, or testamentary trusts; Title 70A, Uniform Commercial Code , other than: Section 70A-1a-306 ; and Title 70A, Chapter 2, Uniform Commercial Code - Sales , and Title 70A, Chapter 2a, Uniform Commercial Code - Leases
    • statuteUtah Code § 46-4-103enactment date not established
      Show the words that state the rule
      Except as otherwise provided in Subsection (2) , this chapter applies to electronic records and electronic signatures relating to a transaction.
    • statuteUtah Code § 46-4-103enactment date not established
      Show the words that state the rule
      This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under Subsection (2) to the extent it is governed by a law other than those specified in Subsection (2) . A transaction subject to this chapter is also subject to other applicable substantive law.
    • statuteUtah Code § 46-4-105enactment date not established
      Show the words that state the rule
      A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by Subsection (3)(a) may not be waived by agreement.
  26. read at the 2026-10-03 bar

    Is our contract unenforceable because it was signed electronically?

    No. Under Virginia's Uniform Electronic Transactions Act, "(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, or provides for certain consequences in the absence of a signature, an electronic signature satisfies the law" (Va. Code § 59.1-485). What has to be there is the intent: an "electronic signature" is "an 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" (§ 59.1-480), so electronic form answers the formal objection and nothing more. It does not supply the intent to sign. Two limits sit in front of that. The Act "applies only to transactions between parties each of which has agreed to conduct transactions by electronic means", determined "from the context and surrounding circumstances, including the parties' conduct" (§ 59.1-483(b)). And it "does not apply to a transaction to the extent it is governed by" a law governing the creation and execution of wills, codicils or testamentary trusts, or by "Title 8.1A except § 8.1A-306, Title 8.3A, Title 8.4, Title 8.4A, Title 8.5A, Title 8.7, Title 8.8A, Title 8.9A, Title 8.10, and Title 8.11" (§ 59.1-481(b)). Read the list rather than the summary: Title 8.2 (sales of goods) and Title 8.2A (leases of goods) are NOT on it, so a sale or lease of goods is inside the Act, while negotiable instruments, bank deposits, funds transfers, letters of credit, documents of title, investment securities and secured transactions are outside it. And a party that has agreed to deal electronically once "may refuse to conduct other transactions by electronic means", a right that "may not be waived by agreement" (§ 59.1-483(c)).

    The trap

    Virginia's § 59.1-483(b) does not stop at the consent rule, and the sentences it adds are aimed straight at boilerplate: "Except for a separate and optional agreement the primary purpose of which is to authorize a transaction to be conducted by electronic means, an agreement to conduct a transaction electronically may not be contained in a standard form contract unless that term is conspicuously displayed and separately consented to. An agreement to conduct a transaction electronically may not be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase warranty." The subsection ends "This subsection may not be varied by agreement", so a clause purporting to supply the consent cannot cure its own defect. The scope exclusion is the other surprise, and it is narrower than it reads: § 59.1-481(b)(2) excludes ten UCC titles by number and Title 8.2 is not one of them, so a sale of goods IS governed by this Act and the electronic-form answer for a supply contract comes from § 59.1-485, not from the UCC. What is outside are the payment, banking, securities and secured-transaction titles (a promissory note or a security agreement gets no help here to the extent the excluded title governs it), and only to that extent, because § 59.1-481(c) keeps the chapter applicable to an otherwise excluded record or signature "to the extent it is governed by law other than those specified in subsection (b)", and § 59.1-481(d) adds that a transaction inside the chapter "is also subject to other applicable substantive law". (No Virginia UCC text was available for review, so nothing in this rule states what those excluded titles themselves provide.)

    as of 2026-09-20

    5 authorities

    • statuteVa. Code § 59.1-485enactment date not established
      Show the words that state the rule
      (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, or provides for certain consequences in the absence of a signature, an electronic signature satisfies the law.
    • statuteVa. Code § 59.1-483enactment date not established
      Show the words that state the rule
      This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. Except for a separate and optional agreement the primary purpose of which is to authorize a transaction to be conducted by electronic means, an agreement to conduct a transaction electronically may not be contained in a standard form contract unless that term is conspicuously displayed and separately consented to. An agreement to conduct a transaction electronically may not be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase warranty. This subsection may not be varied by agreement.
    • statuteVa. Code § 59.1-481enactment date not established
      Show the words that state the rule
      This chapter does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts; and (2) Title 8.1A except § 8.1A-306 , Title 8.3A, Title 8.4, Title 8.4A, Title 8.5A, Title 8.7, Title 8.8A, Title 8.9A, Title 8.10, and Title 8.11. (c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) to the extent it is governed by law other than those specified in subsection (b). (d) A transaction subject to this chapter is also subject to other applicable substantive law.
    • statuteVa. Code § 59.1-483enactment date not established
      Show the words that state the rule
      (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
    • statuteVa. Code § 59.1-480enactment date not established
      Show the words that state the rule
      "Electronic signature" means an 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.
  27. read at the 2026-10-03 bar

    Is an e-signed contract enforceable in Washington?

    Yes, where both parties agreed to transact electronically. Under chapter 1.80 RCW (Washington's Uniform Electronic Transactions Act, 2020) a record or signature may not be denied legal effect or enforceability solely because it is in electronic form; a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation; an electronic record satisfies a law requiring a writing, and an electronic signature satisfies a law requiring a signature. The chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means, determined from the context and surrounding circumstances including the parties' conduct; and a "transaction" for this purpose is "an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs" (RCW 1.80.010(18)). It does not require anyone to use electronic form in the first place, and outside the provisions it marks as non-waivable, "the effect of any of its provisions may be varied by agreement" (RCW 1.80.040(1), (4)). Attribution is a separate question: an electronic record or signature "is attributable to a person if it was the act of the person", shown in any manner including the efficacy of a security procedure, and its effect is determined from the circumstances including the parties' agreement (RCW 1.80.080).

    The trap

    Scope is the trap. The chapter does not apply to a transaction to the extent it is governed by the law of wills, codicils or testamentary trusts, or by Title 62A RCW other than RCW 62A.1-306 and chapters 62A.2 and 62A.2A (so sales and leases of goods are in, but other UCC articles are out). But the exclusion reaches only as far as the excluded law does: RCW 1.80.020(3) applies the chapter to an otherwise-excluded electronic record or signature "to the extent it is governed by a law other than those specified in subsection (2)", and RCW 1.80.020(4) adds that "[a] transaction subject to this chapter is also subject to other applicable substantive law", so clearing the Act's recognition rules never clears the substantive rules of the deal. And a party that agreed to transact electronically once may refuse to do so for other transactions, a right that cannot be waived by agreement. That non-waivable right is the exception, not the pattern: under RCW 1.80.040(4) the effect of the chapter's other provisions may be varied by agreement, so a contract can contract around most of the Act and not around that, nor around RCW 1.80.070, whose requirements "may not be varied by agreement" and under which an electronic record a sender stops the recipient from storing or printing "is not enforceable against the recipient".

    as of 2026-09-16

    9 authorities

    • statuteRCW 1.80.060enactment date not established
      Show the words that state the rule
      (1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (3) If a law requires a record to be in writing, an electronic record satisfies the law. (4) If a law requires a signature, an electronic signature satisfies the law. [ 2020 c 57 s 7.]
    • statuteRCW 1.80.040enactment date not established
      Show the words that state the rule
      (1) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (2) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. (3) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement. (4) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (5) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law. [ 2020 c 57 s 5.]
    • statuteRCW 1.80.020enactment date not established
      Show the words that state the rule
      (1) Except as otherwise provided in subsection (2) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction. (2) This chapter does not apply to a transaction to the extent it is governed by: (a) A law governing the creation and execution of wills, codicils, or testamentary trusts. However, this chapter applies to nonjudicial settlement agreements under RCW 11.96A.220; and (b) Title 62A RCW other than RCW 62A.1-306 and chapters 62A.2 and 62A.2A RCW. (3) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (2) of this section to the extent it is governed by a law other than those specified in subsection (2) of this section. (4) A transaction subject to this chapter is also subject to other applicable substantive law. [ 2024 c 188 s 17; 2020 c 57 s 3.]
    • statuteRCW 1.80.080enactment date not established
      Show the words that state the rule
      (1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (2) The effect of an electronic record or electronic signature attributed to a person under subsection (1) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law. [ 2020 c 57 s 9.]
    • statuteRCW 1.80.010enactment date not established
      Show the words that state the rule
      (9) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. (10) "Electronic signature" means an 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.
    • statuteRCW 1.80.010enactment date not established
      Show the words that state the rule
      (16) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
    • statuteRCW 1.80.010enactment date not established
      Show the words that state the rule
      (18) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. [ 2020 c 57 s 2.]
    • statuteRCW 1.80.030enactment date not established
      Show the words that state the rule
      This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after June 11, 2020. [ 2020 c 57 s 4.]
    • statuteRCW 1.80.070enactment date not established
      Show the words that state the rule
      (3) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. (4) The requirements of this section may not be varied by agreement, but: (a) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (1) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and (b) A requirement under a law other than this chapter to send, communicate, or transmit a record by regular United States mail may be varied by agreement to the extent permitted by the other law. [ 2020 c 57 s 8.]
  28. read at the 2026-10-03 bar

    Is this agreement unenforceable because it was signed electronically?

    No, within ch. 137's scope. Wis. Stat. § 137.15 provides that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form, and that a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Section 137.11(8) defines an electronic signature as an 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.

    The trap

    Section 137.12 takes whole categories out of the chapter, and they are the ones people forget, but it then takes some of them back, and a reader given only the exclusions has half the section. Subsection (3) provides that the chapter applies to an electronic record or electronic signature otherwise excluded under subs. (2), (2m) and (2r) to the extent it is governed by a law other than those specified in those subsections, and sub. (2) is itself expressly subject to sub. (3). So an exclusion holds only as far as the excluded law reaches. The chapter does not apply to a transaction to the extent it is governed by any law governing the execution of wills or the creation of testamentary trusts, or by chs. 401 and 403 to 410 (the Wisconsin UCC other than Articles 2 and 2A, and other than s. 401.306); § 137.12(2m) excludes records governed by adoption, divorce or other family law, court notices, court orders and official court documents; and § 137.12(2r) excludes certain statutory notices, including notice of cancellation of utility service and notice of default, acceleration, repossession, foreclosure or eviction under a credit agreement secured by, or a rental agreement for, an individual's primary residence. The definition also carries a fact question the form of the signature cannot answer: it must have been executed or adopted 'with the intent to sign the record'. Wisconsin also carves notices out by subject matter: § 137.12(2r) provides that, “To the extent that it is excluded from the scope of 15 USC 7003 , this chapter does not apply to a notice to the extent that it is governed by a law requiring the furnishing of any notice of:” and then lists them. So a notice governed by one of those laws is outside the chapter to that extent, unless 15 USC 7003 brings it back.

    as of 2026-09-17

    7 authorities

    • statuteWis. Stat. § 137.15enactment date not established
      Show the words that state the rule
      (1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. 137.15(2) (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
    • statuteWis. Stat. § 137.12enactment date not established
      Show the words that state the rule
      Except as otherwise provided in sub. (3) , this chapter does not apply to a transaction to the extent it is governed by: 137.12(2)(a) (a) Any law governing the execution of wills or the creation of testamentary trusts; 137.12(2)(b) (b) Chapters 401 and 403 to 410 , other than s. 401.306 .
    • statuteWis. Stat. § 137.11enactment date not established
      Show the words that state the rule
      “Electronic signature” means an 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.
    • statuteWis. Stat. § 137.12enactment date not established
      Show the words that state the rule
      To the extent that it is excluded from the scope of 15 USC 7003 , this chapter does not apply to a notice to the extent that it is governed by a law requiring the furnishing of any notice of:
    • statuteWis. Stat. § 137.12enactment date not established
      Show the words that state the rule
      This chapter does not apply to any of the following records or any transaction evidenced by any of the following records: 137.12(2m)(a) (a) Records governed by any law relating to adoption, divorce, or other matters of family law. 137.12(2m)(b) (b) Notices provided by a court. 137.12(2m)(c) (c) Court orders. 137.12(2m)(d) (d) Official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings.
    • statuteWis. Stat. § 137.12enactment date not established
      Show the words that state the rule
      The cancellation or termination of utility services, including water, heat, and power service. 137.12(2r)(b) (b) 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;
    • statuteWis. Stat. § 137.12enactment date not established
      Show the words that state the rule
      This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subs. (2) , (2m) , and (2r) to the extent it is governed by a law other than those specified in subs. (2) , (2m) , and (2r) .