• An electronic signature, also known as e-signing, is how a person signs an electronic document, or e-document. As long as the "signing eliminates any possibility of someone e-signing a document by mistake," the signature is valid and remains attached to that document just as any physical signature. The Electronic Signatures in Global and National Commerce Act (ESIGN) was enacted by Congress and signed by President Clinton in 2000. Both ESIGN and UETA (Uniform Electronic Transactions Act) recognize the same fundamental rules.
  
  

Electronic Record

• An electronic signature (e-signature) is any symbol or other mark, sound or process made by the signer with intent to provide a physical signature later, which is then attached to the record he signs. The electronic document is the document, which is signed, or otherwise marked, electronically. The document can be a PDF, Word document, or anything else that is sent, received or stored through electronic or digital means. These provisions are valid for any e-document in many industries, such as financial institutions, government bodies, the educational system and businesses.
  
  

Consent

• Section 101(c)(1) of the Act states that if the e-signer agrees and gives his consent to receive the document electronically, he can do so but only if the business in question "discloses specified information to the consumer before obtaining his or her consent." Another part of the section states that the consumer's consent is only valid if he can confirm his consent through electronic means and therefore prove adequately that he has the means to receive, open and sign the document in question.
  
  

Non-Repudiation

• The Act also states that the signer of an electronic signature must not have the ability to dispute the fact he signed the electronic document. Repudiation statements include the signer saying he did not sign the document, the signer did not authorize the document signed on his behalf, the signer claims changes were made after signing, the signer disputes the date of the signing of the document and the signer states he did not read or was not shown the entire contract. The e-signature is valid in this case only if certain provisions are made such as the contract specifically stating repudiation is impossible and all other methods of certification state that the signer is the intended party.
  
  

Exceptions

• Some provisions state that an e-signature is wholly unacceptable in some cases. According to the ESIGN act, these include when signing "a Will, a codicil or testamentary trust," and any communication from a utility company, such as a shut-off notice. In addition, any type of cancellation notice or default notice, repossession notices and notices concerning a foreclosure or an eviction must all be handwritten and hand signed. A "Right to Cure" within a credit agreement and the signing of a residential lease are other documents that must also be signed by hand and not electronically.