he quick answer is that, yes, a scanned copy of a signed document can be legal. But there are some qualifications that you need to be aware of before you consider using this method to sign documents going forward. Let's take a closer look at what the law has to say about this topic so you can make an informed decision about whether or not scanning documents is the right choice for you and your business.
The Electronic Signatures in Global and National Commerce Act, otherwise known as the E-Sign Act, was passed in 2000 with the goal of ensuring that electronic signatures would be given the same legal weight as traditional signatures. The E-Sign Act applies to any type of contract, not just those relating to commerce. This means that, as long as all parties involved in the contract agree to sign it electronically, it will be legally binding.
If you're planning on using electronic signatures, it's important to note that there are certain requirements that must be met in order for the signature to be considered valid. First, all parties must agree to sign the document electronically. Second, the electronic signature must be attached to the document in such a way that it cannot be detached or altered without invalidating the document. Finally, each party must have their own unique electronic signature.
While the E-Sign Act provides some protections for businesses and individuals who choose to use electronic signatures, there are still some risks associated with this method of signing documents. First and foremost, there is always a risk that electronic signatures could be forged. Forged signatures are much easier to create than traditional handwritten ones, so businesses need to be extra vigilant about checking the authenticity of electronic signatures before entering into contracts.
Another potential risk is that email servers could be hacked and documents containing electronic signatures could be tampered with or stolen. This is why it's important to take precautions such as storing documents in a secure location and sending them over an encrypted connection whenever possible.
Before you decide whether or not to start using electronic signatures for your business documents, it's important to weigh the pros and cons carefully. On the one hand, electronic signatures are more convenient than traditional signatures and they're legally binding under the E-Sign Act. On the other hand, there is always a risk that electronic signatures could be forged or tampered with, so businesses need to take security precautions if they choose to go this route.
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