• ron7732

Tips for executing agreements electronically

Updated: Jul 30

Dear Clients and Friends,

Electronic execution of agreements is quickly becoming more commonplace in most businesses.

But how can you obtain authorized e-signatures and be sure it is a sound agreement?

Contract formation is generally governed by state law rules, and the requirements are similar for a virtually executed contract:

· The agreement must state that the customer consents to enter into the agreement electronically.

· There has to be a way to identify the individual electronically signing the agreement.

· The process for obtaining the other party’s signature must indicate their promise to enter into the agreement. This is called “actual expression.”

· The signer must have the authority to execute and deliver the agreement on the customer’s behalf.

When you are making an agreement with an individual, it’s relatively easy to confirm that the person had the authority to enter into the agreement.

However, when you’re making an agreement with another business, it can be a little dicey. In such a situation, when someone on the other side clicks the “I agree” button, it might be unclear who actually did the clicking. Further, it might be unclear whether the e-signer is authorized to make the agreement on the part of the other business in the first place.

To protect yourself and end up with a legally executed agreement, make sure that the agreement is e-signed by someone who is authorized to do so and that the signer is truly agreeing to enter into the terms contained in the contract. Either include procedures to confirm the identity of the person clicking “I agree” or use a third-party service to authenticate that person’s identity. 

We continue to offer a free initial phone evaluation on all new matters. We understand that  persons utilizing this offer “buy” more peace of mind than they had ever expected. Looking for ward to hearing from  you.

Best,

Ron

0 views0 comments

Recent Posts

See All

Law office update

Dear Clients and Friends, Permit me this orientation update on our law office’s services: Word of mouth advertising continues to be an important aspect of our practice and having you all informed on w

What businesses need to know about commercial leasing

Dear Clients and Friends, Companies that are leasing their own space for the first time are often surprised by the terms of a commercial lease – and even companies that have leased space before someti

Tips for executing agreements electronically

Dear Clients and Friends, Electronic execution of agreements is quickly becoming more commonplace in most businesses. But how can you obtain authorized e-signatures and be sure it is a sound agreement