Emailing Documents for Signatures: Legal Tips

Understanding the Importance of Emailed Signature Requests

Sending legal documents through email for signatures has become a norm in today’s digital era, facilitating faster transactions and smoother business operations. This practice is particularly beneficial for:

• Convenience: Allows signatories to sign documents from any location.
• Time Efficiency: Reduces the time spent on printing, mailing, and manual signatures.
• Cost Reduction: Minimizes expenses related to paper, printing, and postal services.

Legal Considerations Before Emailing Signature Requests

Here are some key legal considerations you should address:

• Electronic Signature Compliance: Ensure compliance with ESIGN Act (U.S.) or equivalent laws in other jurisdictions.

• Consent to Use Electronic Signatures: All parties must consent to the use of electronic signatures. This can be documented in your communication or through an agreement.

• Contract Validity: Verify if the contract type allows for electronic signatures. Some contracts might require wet signatures due to legal restrictions.

• Document Security: Use encrypted emails or secure platforms to send documents, protecting sensitive information from unauthorized access.

• Retention and Storage: Plan for secure storage of signed documents, ensuring they meet legal requirements for record-keeping.

Steps to Securely Email Documents for Signatures

Follow these steps to ensure the secure and legal dispatch of documents for signatures:

1. Prepare the Document:

   • Use a word processor or document management software to finalize the document.
   • Ensure all parties’ information is correctly listed.

2. Add Signature Fields:

   • Use software that supports electronic signatures like Adobe Sign or DocuSign to add signature fields.

3. Convert to PDF:

   • Convert the document to PDF to maintain format integrity and for ease of signing.

4. Sign Document Internally (if applicable):

   • If you need to pre-sign the document, do so before sending.

5. Use Email Encryption or Secure Platform:

   • Ensure the email or platform has security features to protect your document from tampering.

6. Attach Document:

   • Attach the PDF document to your email, ensuring it’s secure.

7. Compose Email:

   • Write a clear and professional email explaining:
     • The purpose of the document
     • The necessity for a signature
     • A deadline for returning the signed document
   • Include any legal disclaimers or notes regarding electronic signatures.

8. Send Email:

   • Use an email provider that allows tracking (e.g., Gmail’s read receipts) to know when the document has been received and opened.

💡 Note: While many electronic signature platforms offer tracking, these might not be legally admissible as proof of receipt in court unless explicitly agreed upon by all parties.

Handling the Signed Document

Once the document is signed and returned:

• Review the Signature:

  • Check the electronic signature for authenticity, date, time, and other details.

• Verify Legality:

  • Ensure the document complies with legal standards, especially if notarization is required.

• Save and Backup:

  • Store the signed document in a secure digital environment with backup.

• Notify Parties:

  • Inform all parties about the document’s status and next steps.

Common Pitfalls and How to Avoid Them

Be mindful of these common issues:

• Improper Signature Execution: Ensure all parties follow the correct signing process.

  • 💡 Note: A tutorial video or guide can be included in your email to educate signatories.

• Lost Documents: Use secure platforms that track documents and provide backup options.

• Unclear Instructions: Provide detailed, clear instructions on how to sign and return the document.

By understanding and implementing these legal tips, you can streamline the process of emailing documents for signatures while ensuring that your transactions are both legal and secure. Remember, the key to success in digital transactions lies in careful preparation, compliance with legal standards, and fostering clear communication with all parties involved.

As we wind down, the critical points to take away include:

• Legal Framework: Always comply with electronic signature laws relevant to your jurisdiction.
• Security: Prioritize document security during the email process.
• Documentation: Keep comprehensive records of all communications and signed documents.

What laws govern electronic signatures?

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In the U.S., the ESIGN Act and UETA govern electronic signatures. Similar laws exist in other jurisdictions like the eIDAS in the EU or the ETA in Canada, ensuring the legal recognition of electronic signatures when certain criteria are met.

Can electronic signatures be used for any type of document?

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While electronic signatures are widely recognized, certain documents (like notarized documents or those requiring physical witnessing) might still need traditional wet signatures in many jurisdictions.

How can I ensure the security of documents sent for signatures?

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Use secure platforms for sending documents, encrypt emails, and ensure that you have backup copies. Employing password-protected documents and digital certificates can also add an extra layer of security.