Electronic signatures in the United States: ESIGN, UETA and what still needs ink

The United States was one of the first countries to give electronic signatures broad legal footing, and most businesses now sign contracts, offer letters and leases online without a second thought. Still, the rules come from two layers of law, federal and state, and some documents sit outside them.

For a side-by-side view of other countries, see our e-signature legality overview and the guide Are electronic signatures legal around the world?.

Are electronic signatures legal in the United States?#

Yes, for most transactions. Two laws do the heavy lifting:

• The ESIGN Act (2000). The federal Electronic Signatures in Global and National Commerce Act says that a signature, contract or other record relating to a transaction in or affecting interstate or foreign commerce can't be denied legal effect, validity or enforceability solely because it is in electronic form.
• The Uniform Electronic Transactions Act (UETA). UETA is a model law published in 1999 and adopted by nearly every state and the District of Columbia. It sets out similar principles at state level. New York hasn't adopted UETA; it has its own Electronic Signatures and Records Act (ESRA), which also gives electronic signatures legal effect.

Neither law forces anyone to sign electronically. UETA applies when the parties have agreed to conduct a transaction by electronic means, and that agreement can be inferred from the context and their conduct.

Consumers get extra protection. Under ESIGN, when another law requires information to be given to a consumer in writing, a business generally has to give certain disclosures and obtain the consumer's consent to electronic records before electronic delivery can replace paper. If you deal with consumers, build that step into your process.

Types of electronic signatures recognised#

US law is technology-neutral. ESIGN defines an electronic signature broadly 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 it. A typed name, a signature drawn on a screen and a click on an "I agree" button can all qualify.

Unlike the European Union, the US has no general tiered system of "advanced" or "qualified" signatures. What usually matters is whether you can show who signed, that they meant to sign, and that the record hasn't changed since. Some regulated sectors and government agencies add their own requirements, for example the FDA's rules in 21 CFR Part 11, so check the rules for your sector.

Documents that often still need wet ink, a notary or special handling#

ESIGN and UETA exclude certain documents, and state law fills the gap. Well-known examples include:

• Wills, codicils and testamentary trusts. A number of states now have electronic wills laws, but they come with strict conditions.
• Adoption, divorce and other family-law matters.
• Court orders, notices and official court documents.
• Notices of utility shut-off, and notices of default, foreclosure, repossession or eviction relating to a primary residence.
• Notices cancelling health or life insurance, and product-recall notices.
• Many records governed by the Uniform Commercial Code, apart from sales and leases of goods.

Documents that must be notarised or recorded, such as many real-estate deeds and some affidavits, follow state notary and county recording rules. Many states now allow remote online notarisation, but that is a separate process carried out by a commissioned notary. An e-signature tool doesn't replace it.

Collecting good evidence with simple e-signatures#

If an electronic signature is ever challenged, the dispute is usually about facts: did this person sign, and did they mean to? Good records make those questions easier to answer. With Signkoi, every completed document comes with:

• A deliberate signing step. Each signer draws, types or uploads a signature and agrees to sign electronically before it is accepted.
• A sealed PDF. The finished document carries a tamper-evident seal and a trusted timestamp, so later changes can be detected.
• An audit trail. Events such as sending, opening and signing are logged with times, IP addresses and browser details, and summarised in a certificate of completion.
• Optional identity checks. You can ask a signer to enter an access code you share with them separately, or a one-time code sent to their email.
• Independent verification. Anyone holding the PDF can check that it is authentic and unchanged at signkoi.com/verify.

Signkoi provides simple electronic signatures backed by this evidence. It doesn't issue certificate-based signatures and it isn't a notarisation service.

It also helps to send documents only to email addresses you know belong to the signer, finalise the document before sending, and keep the signed PDF and certificate of completion with your records.

How to send a document for signature in the US with Signkoi#

1. Upload your PDF, or start from a saved template.
2. Add your signers and, if it matters, set the order in which they sign.
3. Place signature and other fields where each person needs to act.
4. Choose your options: reminders, an expiry date, and an access code or email one-time code for extra assurance.
5. Send. Recipients open a secure link and sign in their browser, with no account needed.
6. When everyone has signed, download the sealed PDF and the certificate of completion.

Frequently asked questions#

Is a typed name a valid signature in the US?#

It can be. ESIGN and UETA don't require a particular method, as long as the person intended to sign and the signature is linked to the record. The harder question is usually proving who typed it, which is where an audit trail and identity checks help.

Do I need the other party's consent to sign electronically?#

UETA applies where the parties have agreed to deal electronically, and that agreement can be shown by their conduct. For consumers, ESIGN adds specific disclosure and consent steps whenever a law requires information to be provided in writing.

Can I sign real-estate documents electronically?#

Purchase agreements and residential leases are routinely signed electronically. Deeds, mortgages and other documents that must be notarised or recorded follow state and county rules, which usually involve a notary, in person or remotely where allowed.

Not legal advice#

This guide is general information, not legal advice. Laws differ from state to state and change over time, and using Signkoi doesn't guarantee that a particular signature will be valid or enforceable in your situation. For important or regulated documents, talk to a qualified lawyer licensed in the relevant state.