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Can an electronic signature be treated as a wet signature?

Can an electronic signature be treated as a wet signature?

Q: What is considered a wet signature?

A wet signature is typically defined as a physical signature made with ink on paper. It represents a person's consent or agreement to the content of a document. In contrast, an electronic signature is a digital representation of that consent, which can also hold legal weight.

Q: Is an electronic signature as good as a wet signature?

Yes, an electronic signature is generally considered as valid as a wet signature under U.S. law, thanks to the E-SIGN Act. Both forms of signatures can be legally binding, provided they meet specific requirements and both parties consent to their use.

Full question:

May an electronic signature legally be considered a wet signature?

Category: Contracts
Date: 04/07/2025
State: California

Answer:

The Federal E-SIGN Bill, effective October 1, 2000, grants electronic signatures the same legal status as wet ink signatures. This federal legislation is "technology neutral," allowing the market to determine the best technology for electronic signatures. States must accept electronic signatures if both parties agree to use them. However, each state can set its own rules regarding electronic signatures.

In California, for example, the following criteria apply to electronic signatures:

It is unique to the person using it.
It can be verified.
It is under the sole control of the person using it.
It is linked to data in such a way that any changes to the data invalidate the signature.

These elements are common in other states with similar electronic signature laws.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does an electronic signature count as a wet signature?

Yes, an electronic signature can legally count as a wet signature under the Federal E-SIGN Bill. This law gives electronic signatures the same legal standing as traditional ink signatures, provided both parties agree to use them. However, individual states may have specific rules regarding their use.