US Legal Forms
Legal Resources
Questions & Answers
Contracts
May an electronic signature legally be considered a wet signature?

May an electronic signature legally be considered 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 Legislation (E-SIGN Bill) effective October 1, 2000, gives
electronic signatures the same legal weight as wet ink signatures on paper.
The Federal Electronic Signature legislation is “technology neutral” and defers
to the marketplace for competitive selection of the technology variations.

The Federal Legislation confirms that states must allow the use of electronic
signatures if the two parties involved agree to this method of signing.
However, each state is empowered to legislate its own electronic signature
requirements.

For example, in California the basic elements are:

1. It is unique to the person using it.

2. It is capable of verification.

3. It is under the sole control of the person using it.

4. It is linked to data in such a manner that if the data are changed, the
digital signature is invalidated.

These elements are typical of the other states that have electronic signature
legislation that has been passed or is pending.

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.