Online Signature for Legal
When you hear people talk about signature which is also known as e-signature, we mean putting an individual name at the base of an electronic document, uploading the picture of the person signatures, inserting a special code that can only be associated with that person, clicking “Accept” at the end of the electronic document- where the aim is to get signatures for the purpose of creating a legal contract agreement between the provider and the client. Although, the signature is not always necessary when creating a binding contract but if the need arise, whether the electronic signature is legal will depend on the intent and consent of all the parties involved. In both United State and Canadian electronic signature lega is recognized as legal just like the physical document if there are intent and consent of the parties involved.
There are several laws that guide the use to create a legal contract agreement. In the United States (U.S), we have the Federal in Global and National Commerce Act (ESIGN), and Uniform Electronic Transactions Act are laws establish the use of electronic signatures. Every other province must have established similar laws. Almost all the other state have also implemented the electronic signature law of which 47 out of them are based on UETA.
For an electronic signature to be valid and implemented, the electronic document that is attached to must be valid and accepted. This means that the document is in its original form (it has not been altered), the whole copy is signed by the concerned parties in its original form and it is saved in that form and can be retrieved later for future reference without any alteration; and the document should be printable. If the contracts were to be signed by hand, it can be easily be challenged that the document was changed after it has been signed by the signer. In most cases, the document in conjunction with the electronic signature is said to be valid unless there are any alterations. However, among all the evidence, it is the reliability of the signed document that will put into consideration in deciding maybe truly the document has been altered.
It is better to understand the fact the legislation does not need anyone to use or assent although the consent of the parties involved will be necessary. In most cases, inherent consent conjectured form the conduct of the parties will come up, even at that, it is not a good practice to state in the electronic contract that electronic signature will be accepted.
Electronic signatures are legally binding in almost every transaction like the real estate contract, construction projects in the United States (U.S), in the European Union through elDAS, in Spain, and many other countries. One of the conditions that are lay down in this type of legislation to certify that the use of electronic signature is legal includes:
• The person signing the document must be identified specially and linked to the signature .
• The document signer must be the only one who has access to the private key ( a cryptographic function) that is used to generate the signature .
• The signature must be able to track any changes made to the document after it has been signed, if it is seen the document is tampered with, the signature must be able to cancel its acceptance.
Exceptions and Special Requirements
It depends on the province or state, the governmental bodies treat the required documents in a different manner. For example, in some states, the Electronic Commerce Act states if a government body is involved in the contract, a clear consent must be given by the government body that will accept electronic documents, so that the electronic signature legal used can be accepted as legally binding. Consent is very important in determining whether an electronic signature legal will be accepted.
Also, certain types of contracts and documents cannot be signed using electronic means. It has to be hand-written signature to be considered as accepted. Examples of such document are wills and codicils, certain powers of attorney, real estate transfers and a few other real estate agreements, some legally required disclosures to consumers, some ‘family law’ matters such as adoption and divorce, various official court documents.
There are also some special type of documents where a separate piece of legislation has the right to accept or prohibits the use of electronic signature.
We'll help you find the plan that's right for you.