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United States: E-SIGN Act and UETA

Portant signatures are simple electronic signatures. Under the E-SIGN Act and UETA, a signature cannot be refused legal effect only because it is electronic. Some document types are excluded. See Documents the laws exclude.

The E-SIGN Act (federal law) and UETA (state law) say that a signature, contract or record cannot be refused legal effect only because it is electronic. Portant provides simple electronic signatures. It does not verify who a signer is. This page summarizes both laws, the documents they exclude, and what Portant does when someone signs. It is not legal advice. For regulated or high-value documents, check with a lawyer.

Overview of the E-SIGN Act and UETA

E-SIGN Act (Electronic Signatures in Global and National Commerce Act)

  • Location: United States, federal law (15 U.S.C. 7001 to 7031).
  • Applies to: Transactions in or affecting interstate or foreign commerce, in every state. A state law can modify or replace parts of it only if the state adopted UETA, or passed its own rules consistent with E-SIGN, and E-SIGN still controls where they conflict (15 U.S.C. 7002).
  • Key point: A signature, contract or other record relating to a transaction cannot be denied legal effect, validity or enforceability solely because it is in electronic form (15 U.S.C. 7001(a)). The law does not force anyone to accept an electronic signature (15 U.S.C. 7001(b)(2)).

UETA (Uniform Electronic Transactions Act)

  • Location: State law, adopted in every state except New York, plus the District of Columbia and the US Virgin Islands. Puerto Rico has its own Electronic Transactions Act (Act 148-2006), which is based on UETA. New York has its own law, the Electronic Signatures and Records Act (State Technology Law, Article 3).
  • Applies to: Electronic records and signatures relating to a transaction, but only between parties who have agreed to do business electronically. That agreement can be shown by the context and the parties' conduct (UETA section 5(b)).
  • Key point: A record or signature may not be denied legal effect or enforceability solely because it is in electronic form (UETA section 7(a)).

When and where the laws apply

The E-SIGN Act and UETA apply when:

  • The record or signature relates to a transaction. Business, commercial and consumer transactions, such as sales, leases and service agreements, are covered unless they fall in an excluded category below.
  • The transaction is governed by US law. UETA applies in every state except New York, which has its own law. Some state laws add their own requirements.
  • The parties have agreed to deal electronically. UETA applies only between parties who agreed to do business electronically, and that agreement can come from their conduct. E-SIGN does not require anyone to accept an electronic signature. When another law says a consumer must get information in writing, E-SIGN also requires the consumer's consent and specific disclosures before you deliver that information electronically (15 U.S.C. 7001(c)).

What the laws look at and what Portant does

Topic What the laws say What Portant does
Agreement to sign electronically UETA applies only when the parties agreed to deal electronically. E-SIGN adds a consent and disclosure step when a consumer must receive information in writing. In every signing flow, the signer ticks a box confirming "I understand that this is a legal representation of my signature" before they sign. This confirms their intent to sign. It is not E-SIGN consumer consent. Portant has no consumer consent and disclosure flow, so if your transaction needs E-SIGN consumer disclosures, give them and get consent yourself before you send.
Keeping an accurate record Where a law requires a record to be kept, an electronic record works if it accurately reflects the information and stays accessible for later reference. Where a law requires a contract in writing, every party entitled to it must be able to keep and reproduce it (15 U.S.C. 7001(e); UETA section 8). Each signed PDF is locked and hashed. Anyone can check whether a file is an unchanged Portant document at sign.portant.co. That check does not show who signed, when, or from where. The signed PDF is saved where your workflow sends its outputs, for example the HubSpot record, Google Drive, SharePoint or OneDrive, or Portant hosting, and a link appears on the Outputs page. Each signer can get a copy of the signed PDF when you turn on signature receipts.
Showing who signed A signature is attributable to a person if it was that person's act, and that can be shown in any manner (UETA section 9). On paid plans (Pro, Team and Enterprise), the audit trail adds a page to the end of the signed PDF. It shows when the document was sent, each time each recipient opened it and each signature (with email, date and time, IP address, approximate location and device), and when the document was completed. The Free plan does not include it. Portant does not verify who opens or signs a document. Anyone with a signing link can sign, including someone a recipient forwards the request email to.
Security of your data Not set by these laws. Privacy and security laws may apply separately. Portant hosts data on Google Cloud Platform (GCP). For how Portant handles personal data, see the Data Protection Addendum.

Practical considerations

A few things to keep in mind when sending US-bound signature requests through Portant:

  1. Confirm the parties agree to sign electronically. Get that agreement before you send. If a law requires you to give a consumer information in writing, collect their E-SIGN consent and give the required disclosures first. Portant does not do this for you.
  2. Send to the right person. Anyone with a signing link can sign, and a forwarded request email can be signed by whoever receives it. Send sensitive requests only to recipients you trust.
  3. Keep the signed PDF. Portant locks and hashes each signed PDF and saves it where your workflow sends its outputs. Keep that file as your record, do not edit it, and turn on signature receipts so each signer gets their own copy.
  4. Keep evidence of the transaction. On paid plans (Pro, Team and Enterprise), turn on the Audit trail toggle before you send the request. It works on workflow signature requests, signing links and Signatures tab uploads. You cannot add it to a PDF that is already signed.
  5. Check state-specific requirements. Some states add their own rules on top of UETA, and New York uses its own Electronic Signatures and Records Act instead. Check whether anything extra applies in your state.
  6. Check the document type. See Documents the laws exclude below. For regulated or high-value documents, check with a lawyer before you send.

Documents the laws exclude

The E-SIGN Act does not apply to the documents below (15 U.S.C. 7003). UETA's own exclusions are narrower (wills, codicils and testamentary trusts, and most of the Uniform Commercial Code), and each state can add more. New York's law also excludes wills, trusts, powers of attorney and health care proxies. An excluded document is not automatically invalid if signed electronically. Other law decides, so check before you send one.

  • Wills, codicils and testamentary trusts.
  • Adoption, divorce and other family law matters.
  • Most Uniform Commercial Code matters, other than sales and leases of goods (Articles 2 and 2A). For example, negotiable instruments.
  • Court orders, notices and official court documents, such as briefs and pleadings.
  • Notices that utility services (water, heat, power) will be cut off.
  • Notices of default, acceleration, repossession, foreclosure or eviction, or of the right to cure, under a credit agreement secured by, or a rental agreement for, a person's primary home.
  • Notices that health insurance or benefits, or life insurance benefits (not annuities), are being canceled.
  • Product recall or safety failure notices.
  • Documents that must travel with hazardous materials, pesticides or other dangerous materials.

Some documents also need a notarized or witnessed signature under state law, for example many property deeds that are recorded with a county. A Portant signature does not replace a notary or witness. Where state law allows electronic notarization, it must be done by an authorized notary.

Summary

Portant provides simple electronic signatures. Under the E-SIGN Act and UETA, a signature cannot be refused legal effect only because it is electronic. Whether a particular signature holds up still depends on the document type, the parties' agreement to deal electronically, and the other conditions above. On paid plans, the audit trail adds a record of when and where each signer opened and signed to the signed PDF. This page is not legal advice. For regulated or high-value documents, check with a lawyer.

If you have questions about Portant's signatures, get in touch.