If an entity is a party to a contract, it is essential that the signature block correctly identifies the party signing on behalf of that entity. For example, if someone signs as the president of a company, the signature block should look like this: i For more details and an overview of the complex international legal landscape of laws and forms for electronic signatures, see Lothar Determann, eSignature Laws Need Upgrades (papers.ssrn.com/sol3/papers.cfm?abstract_id=3436327), in 72 Hastings Law Journal 2020; and Lothar Determann, Learning the E-Signature Essentials (www.law.com/therecorder/2020/03/26/learning-the-e-signature-essentials/) published in The Recorder. ii It is a good practice for parties to explain their consent to the use of DocuSign (or an equivalent sign), which can be done via authenticated email. iii This is not an exhaustive list of exclusions. The specific applicable law of a contract should be consulted in order to confirm whether, in a given context, a physical record or a wet ink signature is necessary or not. iv A number of U.S. states allow the electronic certification of certain documents. See z.B. Illinois Uniform Real Property Electronic Recording Act, 765 ILCS 33/3(c) (Real Estate Records). On March 7, 2020, Governor Cuomo of New York State passed an implementing executive order authorizing video conferencing in response to the COVID-19 crisis. See Executive Order No. 202.7.
The use of electronic signatures is permitted by several federal and state laws. In short, the safest way, both for simple contracts and for the deed, is for the parties to exchange by e-mail PDF copies of the executed signature pages with – in the same e-mail – a Word or PDF version of the entire executed agreement. A counterpart clause would generally be the same as “this contract may be performed in any number of equivalents, each representing a double original at the time of performance and delivery, but all the others together constituting a single agreement”. counterparties; electronic enforcement. This Agreement may be signed in any number of equivalents and each counterparty must represent a fully executed original, as if it were signed by both parties. Delivery by fax or electronic means of an exported equivalent of a signature page to this Agreement (for example.B. “.pdf” or “.tif”) shall be deemed to be the delivery of a manually executed equivalent of this Agreement. You negotiated an important agreement, you reduced it to a written contract, and now you are ready to sign on the points line. .