The "sign and scan" approach, where parties sign, scan, and email a signature page to be affixed to a soft copy version of a final contract.In practical terms, the following e-signatures are generally accepted in the US and Canada: The law of both the US and Canada do statutes have been enacted in both countries at the federal and state or provincial/territorial levels that (a) allow electronic signatures (or e-signatures) and electronic records to have the same legal effect as physical (or wet ink) signatures and physical records, and (b) ensure that a contract is not invalid solely because it is in electronic form.įor more information on the legislation in the US and Canada, please see our article on " The Law of E-Signatures in the United States and Canada." i The threshold question is whether the law governing the contract supports electronic contracts. Whether a contract in electronic form is considered enforceable depends on a number of factors, including: 1. Email or other communication indicating an intention by the parties to be bound by an electronic contractĭetermining whether a contract can be signed and delivered electronically.Taking a photograph of a signature and attaching the photo to the document.DocuSign and other commercial third-party applications.Methods of conducting transactions electronically include: If applicable, the rules of any governmental agency where a document may need to be filed.A party's authority under its corporate documents.Whether the parties have agreed to e-signatures, delivery and retention.The factors that determine whether a contract can be signed and delivered electronically include:
The law in both in both the United States and Canada provide for the validity of electronic contracts and digital signatures.Under current circumstances, where large swaths of the business world are adapting to a remote work environment, people negotiating deals from their home offices are faced with the question of how to make sure the contracts they sign electronically are legally binding.
Nearly every large business in North America has implemented some form of "work-from-home" procedure in response to the COVID-19 health crisis.
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