eNotary: Related Laws Reply

Updated: 4/15/2014

The Uniform Electronic Transactions Act (UETA) and the companion federal law, Electronic Signatures in Global and National Commerce Act (ESIGN), provide assurance that electronic signatures will be granted the same legal authority as traditional ink signatures on paper.

  • UETA establishes the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures, removing barriers to electronic commerce. Enacted in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming.
  • ESIGN (Public Law 106-229) confirms that states must allow the use of electronic signatures if the two parties involved agree to this method of signing. ESIGN applies to interstate commerce, foreign commerce, and business transactions with the Federal Government.

If an electronic transaction meets the requirements of the electronic signature laws, the transaction cannot be repudiated based on the fact that the transaction was conducted electronically, rather than on paper.

The Uniform Real Property Electronic Recording Act (URPERA) removes any doubt with regard to the ability of a local recording office to accept and otherwise process electronic documents and signatures for recording. URPERA establishes that any requirement for originality, for a paper document or for a writing manually signed before it may be recorded, is satisfied by an electronic document and signature. It establishes what standards a recording office must follow and what it must do to make electronic recording effective. URPERA also establishes a board that sets statewide, uniform standards that must be implemented in every recording office. Enacted in Alabama, Arizona, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Kansas, Michigan, Minnesota, Mississippi, Nevada, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, U.S. Virgin Islands, Utah, Virginia, Washington, Wisconsin.

The Revised Uniform Law on Notarial Acts (RULONA) provides minimum standards for all notarial acts and governs the recognition of notarizations across state and national lines. RULONA covers and applies to all notarizations of both tangible and electronic records, and harmonizes treatment of notarization of electronic records with UETA, ESIGN and URPERA. Enacted in Iowa, North Dakota, Oregon, Pennsylvania; introduced in Georgia and West Virginia.

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