Are electronic signatures binding, and where do they stop

Almost everywhere, yes. The exceptions are the documents you care most about.

3 minute read · Last reviewed August 10, 2026 · How Termn runs sign and fund

In short

Under the federal ESIGN Act and state enactments of UETA, a signature or contract cannot be denied legal effect merely because it is electronic. The carve-outs are narrow but important: wills and testamentary trusts, most family law documents, much of the Uniform Commercial Code, court documents, and certain statutory notices. Separately, anything requiring notarization or recording depends on what that state and that county accept.

What the law actually says

The federal ESIGN Act, in force since 2000, states the rule negatively, which is the source of most of the confusion about it. It does not declare electronic signatures valid. It says a signature, contract, or record may not be denied legal effect or enforceability solely because it is in electronic form.

State law does the parallel work through UETA, adopted in nearly every state, with New York using its own statute to similar effect. Between them, an electronic signature on an ordinary commercial agreement is as good as ink, and has been for a generation.

The practical consequence

The question in a dispute is almost never whether electronic signatures are valid. It is whether this person signed this document, which is a question about evidence and not about the technology.

The carve-outs

The federal statute lists the transactions it does not reach. They are not obscure.

  • Wills, codicils, and testamentary trusts.
  • Adoption, divorce, and other matters of family law.
  • Most of the Uniform Commercial Code, apart from the sales articles.
  • Court orders, notices, and official court documents.
  • Notices of cancellation or termination of utility services.
  • Notices of default, foreclosure, eviction, or repossession on a primary residence.
  • Notices of cancellation of health or life insurance benefits.
  • Product recall notices affecting health or safety.
  • Documents required to accompany the transport of hazardous materials.

State enactments carry their own variations, and several states add exclusions of their own. Where a document is excluded, electronic signing is not automatically forbidden. It means the answer comes from other law rather than from this one.

Notarization and recording are separate questions

A document can be validly signed electronically and still be unusable for its actual purpose. Deeds are the standard example: the transfer is only visible to the world when it is recorded, and the recorder has its own requirements about format, notarization, and submission.

Notarization
Many states now authorize remote online notarization, with an identity proofing process and a recorded session. Which states, and on what terms, differs. A notary’s authority comes from their commissioning state.
Recording
Counties accept electronic recording at different speeds and through approved submitters. Some still want paper with original signatures.
Institutional practice
Transfer agents, insurers, and banks each set their own requirements, and they are frequently stricter than the law. A form that says it must be wet-signed and medallion guaranteed will not be processed any other way, whatever ESIGN permits.

What makes a signature defensible

When a signature is challenged, the argument is usually that the person did not sign, did not see this version, or did not understand they were signing. The record has to answer all three.

  • Intent is visible: the act of signing was deliberate and the page said what it was for.
  • Attribution is supported: the invitation went to a known address, and the access to sign was scoped to that person.
  • The signature is tied to a specific version of the document, by a hash or fingerprint, not to a document name.
  • The timestamp is recorded, and so is the sequence of what happened before it.
  • Each signer received their own copy of the executed document, at the time.
  • Where a person signs in more than one capacity, each capacity is recorded separately.
“Bridge loan, Hartwell to Marsh” — signed by Ellen Hartwell, trustee, Mar 4 2026 14:12 UTC
Document fingerprint — 9f2c…a417, matching the version sent Mar 3
Copy delivered — ellen@hartwellfamily.example, Mar 4

Common documents, and the answer for each

DocumentUsually signed electronically?What decides it
A commercial contract, NDA, or engagement letterYesOrdinary practice for a generation
A promissory noteUsuallyWhere it is meant to be a negotiable instrument, ask counsel: transferable records have their own rules
A SAFE or subscription agreementYesOrdinary practice, and the securities filings are separate
A deedSometimesState law, plus what that county recorder accepts
A beneficiary designation or transfer formInstitution’s choiceTheir form and their rules, frequently stricter than the law
A stock power to a transfer agentRarelyA medallion signature guarantee is normally required, in person
A willNo, by defaultExcluded federally. Some states have their own electronic wills statutes

The pattern behind the table: the law is permissive and the institutions are not. Where a registry or a fiduciary has to accept the document, their requirements decide, and asking them first costs one phone call.

Sources

This is an explanation of how a transaction works, not legal or tax advice. Termn is not a law firm, a bank, an escrow agent, or a money transmitter, and it never holds your money. What is right for your situation is a question for your own counsel, who decides it and drafts the documents that carry it.

Common questions

Does a typed name count as a signature?
It can. The law is about intent rather than form: a sound, symbol, or process attached to a record and executed with the intent to sign. A typed name, a drawn mark, or a click can all qualify. What carries the weight in a dispute is the evidence around it, not how it looked.
Can a will be signed electronically?
The federal statute expressly excludes wills, codicils, and testamentary trusts, so the answer comes from your state. Some states have adopted electronic wills legislation with their own execution requirements. This is not a place to improvise.
What about a deed?
Two separate questions. Whether the deed can be signed electronically is state law, and whether the county recorder will accept it is that county’s practice, and both have to be yes. Many jurisdictions now accept electronic recording and remote online notarization, and some do not. Ask before choosing how to sign.
What should we keep after someone signs?
Enough to answer who signed, what exactly they signed, when, and how you know. In practice: the final document itself, a fingerprint or hash tying the signature to that version, the signing timestamp, the address the invitation went to, and the audit trail of what happened in between.

Running one of these now?

Termn records each signature with the typed name, the timestamp, and a fingerprint of the exact document that was signed, and tracks wet-signed and notarized documents as uploads where that is what the transaction needs.

How Termn runs sign and fund Your first workspace is free, and nothing goes out until you send it.

Read next

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    Signing a deed does not move the property. Recording is what the world can see.

  2. What a settlement record has to contain

    The file is finished when a stranger can read it without asking anyone anything.

  3. Why wire instructions should not travel by email

    The fraud does not break anything. It waits for the right moment and sends a correction.

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