Legal Question in Business Law in California
legal signature via computer electronically
Is a typed signature submitted via the web, an acceptable legal binding signature on a contract. If there is a statement stating that upon typing your name as you would sign it and submitting it you will abide by all conditions and terms of the contract.
2 Answers from Attorneys
Re: legal signature via computer electronically
It depends on the intentions of the parties. I do international deals for millions of dollars on electronic signatures. But, everyone has to agree to the format.
Re: legal signature via computer electronically
California has a new law regarding electronic commerce and electronic signatures. After listing a number of documents that can't be 'signed' electronically (wills, deeds, certain disclosures and court filings) it sets forth procedures and policies suitable for facilitating 21st-Century commerce. What it boils down to is that courts now have a clearer mandate to enforce many kinds of business documents that are created, 'signed' and/or transmitted electronically. See Civil Code sections 1633.1 through 1633.17.
The net effect is that for many transactions the intent of the parties will be enforced without regard to the fact that such intent is manifested by an electronic rather than a handwritten signature.
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