E-signature legality · Americas
Is electronic signature legal in the United States?
Yes. Under ESIGN and UETA a signature, contract or record cannot be denied legal effect or enforceability solely because it is in electronic form. The signer must intend to sign, consent to doing business electronically, and the record must be retainable and reproducible.
The law
- Electronic Signatures in Global and National Commerce Act (ESIGN), 15 U.S.C. § 7001 et seq. (2000)
- Uniform Electronic Transactions Act (UETA), adopted by 49 states and D.C.; New York applies its own Electronic Signatures and Records Act
What still needs wet ink, a notary or a qualified signature
- Wills, codicils and testamentary trusts
- Adoption, divorce and other family-law matters
- Court orders, notices and official court documents
- Notices of default, foreclosure, eviction or utility shut-off for a primary residence
- Cancellation of health or life insurance, product recall notices
Some states have added their own exceptions or allow electronic wills (e.g. Nevada, Arizona, Florida); check the state where the document will be enforced.
Where Clinch fits
Clinch is built for everyday commercial agreements — freelance and agency contracts, statements of work, NDAs, quotes and service agreements — which in the United Statesneed no special form. Every signature is captured with the signer's explicit consent, and the signed PDF carries an audit trail (name, email, timestamp of every event, hashed IP) plus a SHA-256 fingerprint of the exact document, so anyone can check it was not changed after signing.
It is a simple electronic signature, not a qualified one: for the documents listed above, use the formality the law requires.
Draft and send a contractOther countries in Americas
This page is general information, not legal advice, and laws change. For a document with high stakes or a formality requirement, check with a lawyer in the United States.
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