Are electronic signatures legal in the US?
Not legal advice. This page is general information about US law, written by a non-lawyer to help you understand the basics. Laws change and facts matter. For advice about a specific document or dispute, talk to a licensed attorney in your state.
Short answer: yes, for most everyday documents. Since 2000, US federal law has said that a signature or contract cannot be refused legal effect just because it is electronic. Almost every state has a matching law. But "electronic signatures are legal" is not the same as "every electronic signature is valid for every document". There are exceptions, and an electronic signature is only as strong as your ability to show who made it and that they meant to sign.
The two laws: ESIGN and UETA
The federal ESIGN Act (2000)
The Electronic Signatures in Global and National Commerce Act — "ESIGN" — is Public Law 106-229, codified at 15 U.S.C. §§ 7001–7031. Its core rule, in 15 U.S.C. § 7001(a), applies to transactions in or affecting interstate or foreign commerce:
a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form
and a contract may not be denied legal effect solely because an electronic signature or record was used in forming it.
ESIGN defines an electronic signature broadly, in § 7006(5), as "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record." Notice what is not required: no particular technology, no certificate, no handwriting.
The state UETA (1999)
The Uniform Electronic Transactions Act is a model law written by the Uniform Law Commission. It has been adopted by 49 states, the District of Columbia, Puerto Rico and the US Virgin Islands. New York did not adopt UETA; it has its own Electronic Signatures and Records Act (N.Y. State Technology Law, Article 3), which reaches similar results. UETA section 7 says that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form, that an electronic record satisfies a law requiring a writing, and that an electronic signature satisfies a law requiring a signature.
The two laws fit together: ESIGN generally gives way to a state's own adoption of UETA (15 U.S.C. § 7002), so in practice the state version usually governs, with ESIGN as the federal floor.
What these laws do not cover
Both laws carve out documents where lawmakers wanted paper, or where other rules apply. Under 15 U.S.C. § 7003, ESIGN's rule does not apply to, among others:
- wills, codicils and testamentary trusts;
- adoption, divorce and other matters of family law;
- most of the Uniform Commercial Code, other than sales and leases of goods (Articles 2 and 2A) and a few sections;
- court orders, notices and official court documents;
- notices of utility shut-off, and of default, foreclosure, eviction or repossession on a primary residence;
- notices cancelling health or life insurance;
- product recall notices for health or safety, and documents required to accompany hazardous materials.
UETA has its own, similar list of exclusions (section 3). Many of these documents can still be signed electronically under other laws — several states now have electronic-will statutes, and courts run their own e-filing systems — but the general e-signature laws do not do it for you.
Agreement and consumer consent
Electronic signatures are optional. ESIGN states that it does not require anyone to use or accept electronic records or signatures (§ 7001(b)). UETA applies only to transactions where the parties have agreed to deal electronically, which can be inferred from their conduct (UETA § 5). When a law requires information to be given to a consumer in writing, ESIGN adds a specific consent process before an electronic version counts (§ 7001(c)) — which is why banks and utilities show you an "e-delivery consent" screen.
What makes an electronic signature hold up
The laws remove the objection "it's not on paper". They do not prove who signed. Under UETA § 9, an electronic signature is attributable to a person if it was their act, and that can be shown "in any manner". If a signature is ever disputed, the questions are practical:
- Identity. Can you show that this person, and not someone else, signed? An email thread where they sent back the signed PDF is evidence. A service that verifies identity and logs IP addresses produces more.
- Intent. Did they mean to sign this document? A signature placed on a signature line, with the date, under a statement like "I agree", shows intent.
- Integrity. Can you show the document was not changed after signing? Keeping the exact file you received, and flattening form fields so answers cannot be edited, helps.
- Retention. Electronic records must be kept in a form that accurately reflects the record and can be reproduced later (ESIGN § 7001(d); UETA § 12).
Where FormFlow fits — and where it does not
FormFlow is a document tool, not a signature-verification service. When you use Sign PDF, your signature is drawn, typed or uploaded and placed on the page by your browser. FormFlow does not check identity, record who signed, timestamp signatures with a third party or keep an audit trail, and it never claims to. A signing packet marks where others should sign, but you send it yourself and the email thread is your record.
That is the right level for a large share of everyday paperwork: a school permission slip, a W-9 for a client, an internal approval, a residential lease where landlord and tenant are already emailing. For high-value contracts, documents likely to be disputed, or anything in the excluded categories above, consider a dedicated e-signature platform, a notary, or ink — and ask a lawyer.
Sources
- Electronic Signatures in Global and National Commerce Act, Pub. L. 106-229, 114 Stat. 464 (2000), 15 U.S.C. ch. 96 (Legal Information Institute, Cornell Law School).
- Uniform Law Commission, Uniform Electronic Transactions Act (1999).
- New York Electronic Signatures and Records Act, N.Y. State Technology Law §§ 301–309.
Questions people ask
Is a typed name a legal signature?
It can be. Both ESIGN and UETA define an electronic signature by intent, not by appearance: any electronic sound, symbol or process attached to a record and adopted by a person with the intent to sign. A typed name, a drawn signature or a click on "I agree" can all qualify. Whether a particular signature holds up depends on the facts, especially whether it can be shown that the person really signed.
Are signatures made with FormFlow legally binding?
FormFlow places a signature image or text on your PDF. Whether that signature is legally effective depends on the law and the facts of your transaction, not on the tool. FormFlow does not verify identity, record who signed or keep an audit trail, so for high-stakes documents a dedicated e-signature service or a wet-ink signature may be more appropriate.
Can I e-sign a will?
Generally not under ESIGN or UETA — both exclude wills, codicils and testamentary trusts. A number of states have since adopted separate electronic-wills laws with their own strict requirements. Talk to an estate-planning attorney in your state.
Do I need the other side's agreement to use e-signatures?
Yes, in the sense that UETA applies only when the parties have agreed to conduct the transaction electronically, which can be inferred from context — for example, both sides emailing PDFs back and forth. ESIGN also says no one is required to use electronic records or signatures, and adds special consent rules for consumer disclosures.