The four requirements every e-signature must satisfy
ESIGN and UETA both require: (1) intent to sign, (2) consent to transact electronically, (3) attribution of the signature to the signer, and (4) reliable retention of the signed record and audit trail. If any one is missing or weak, the signature can be challenged in court.
Common ways those four requirements break
- No clear consent moment. ESIGN requires explicit consumer consent before electronic delivery of any record that would otherwise have to be in writing. A buried clickwrap can be picked apart in litigation.
- Thin audit trail. Courts care about evidence, not the visual signature. If your record does not include a timestamp, the signer's IP and device, identity-verification evidence, and a hash of the signed document, attribution is shaky.
- Document changed after signing. Even one edit, including a flatten or merge that re-renders the file, can invalidate the integrity claim and produce the "document modified after signing" warning in PDF readers.
- No record retention. ESIGN requires the electronic record be retained in a form that can be accurately reproduced. A signed PDF with no audit trail file stored alongside it can fail this test.
- Typed name in an email. Technically enforceable, much harder to defend in disputes without supporting evidence of identity and intent.
Document types where wet signatures are still required
ESIGN explicitly excludes some categories from electronic signature, and most states track the same list under UETA:
- Wills, codicils, and testamentary trusts
- Documents governed by adoption, divorce, and most family-law matters
- Court orders, notices, and official court documents
- Notices of cancellation or termination of utility services
- Notices of foreclosure, eviction, or repossession of a primary residence
- Product-recall notices affecting health or safety
- Certain documents under UCC Articles 3, 4, and 4A
For these, a wet signature is still required, or in narrow cases (such as real-estate closings) a state-specific workflow such as remote online notarization.
The shortest checklist for an enforceable e-signature
A defensible e-signature workflow captures intent, consent, and attribution, produces a tamper-evident audit trail, retains both the document and the audit trail in a reproducible form, and routes excluded document types to a wet-signature or RON path. Most modern e-signature platforms handle these out of the box, but matching the right workflow to the right document type sits with you.
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