Terms

• The act applies to signatures concerning business transactions, specifically “consumer or commercial affairs between two or more persons.” Public notaries are allowed to use electronic signatures as long as all other requirements are met.
  
  

Legal Scrutiny

• The act explicitly states that an electronic signature is not to be a factor in judging a document to be lawful but that such a document is “subject to the same legal scrutiny that applies to paper documents.”
  
  

Exceptions

• Exceptions to the act include electronic signatures on documents pertaining to family law such as divorce papers or adoption agreements. Wills, rental agreements, testimony trusts and official court papers must be processed as stipulated by the individual laws governing them. Notices of eviction, foreclosure, utility termination, repossession, termination of health insurance or benefits and product recalls require a physical paper form. The act stipulates the same for notices accompanying toxic or hazardous materials.
  
  

Delivery

• The act is clear to state that stamps, seals or a “similar embossing device” are not required as part of an electronic transaction as is true of a paper agreement delivered in paper form.
  
  

Consumer Disclosure

• This legislation is not an enforcement of any party accepting electronic signatures but rather an allowance for business entities to use either method. Customers must also sign a Consumer Disclosure agreement indicating they agree to sign electronically. Each business that decides to use the electronic signature system is also allowed to use whatever technology to facilitate that they see fit.