Yes. In the United States an electronic signature on most business and personal agreements carries the same legal weight as a signature in ink. Two laws say so: the federal ESIGN Act of 2000 and the Uniform Electronic Transactions Act (UETA), which nearly every state has adopted (New York has its own equivalent law). The short version of both is that a contract or signature can't be denied legal effect just because it is electronic.
That is the rule. The useful part is knowing what makes an electronic signature hold up if someone later says "I never signed that", and which documents are carved out.
What counts as an electronic signature
The law's definition is broad on purpose: an electronic sound, symbol or process attached to a record and adopted by a person with the intent to sign. A typed name, a drawn signature on a phone, and a click on an "I agree" button can all qualify. The law does not require any particular technology, and it does not require a certificate-based "digital signature".
What matters is not how the mark looks. It is whether you can show who made it, that they meant to, and what exactly they agreed to.
The four things a signed record needs
- Intent to sign. The signer took a clear action to sign: drew or typed a signature and pressed a button that says what it does. A signature nobody could apply by accident.
- Consent to do business electronically. The signer agreed to use electronic records instead of paper. For consumers, ESIGN adds disclosure rules: they must be told they can ask for paper, how to withdraw consent, and what they need to open the documents. This is why signing services show an electronic-records disclosure before the first signature.
- Attribution. You can connect the signature to the person. In practice that is the evidence around the signing: the email address the unique link went to, the time, the IP address and browser, and any access code the signer had to enter.
- A record that is kept and can be reproduced. Everyone who signed can get a copy, and the copy accurately reflects what was signed. A finished PDF with a tamper-evident fingerprint does this well; a screenshot of a web form does not.
A good e-signature service produces all four without you thinking about it. A PDF emailed back with a pasted-in image of a signature produces almost none of them, which is the real difference between "an e-signature" and "an e-signature you can prove".
Documents that still need ink, a notary or a specific process
ESIGN and UETA leave some categories out. The common ones:
- Wills, codicils and testamentary trusts. Some states now have their own electronic-wills laws with their own formalities; the general e-signature laws don't cover them.
- Family law matters such as adoption and divorce.
- Court orders, notices and official court documents.
- Certain notices: cancelling utility service, default, foreclosure or eviction on a primary residence, cancelling health or life insurance, and product recalls.
- Documents that must be notarized. A notarization can be done electronically in many states, but it is a separate process with a commissioned notary; an ordinary e-signature is not a notarization.
Real estate deeds and other documents that must be recorded with a county also have local rules. If a document falls anywhere near these categories, check the rule for your state before sending it for a standard e-signature.
Outside the United States
Most countries recognise electronic signatures, but the details differ. The European Union's eIDAS regulation defines three tiers (simple, advanced and qualified), and a few document types there require the qualified tier, which needs a certificate from an approved provider. If you sign with parties in other countries, check what tier the document needs.
What to keep in case a signature is questioned
Disputes over e-signatures are usually about evidence, not about whether e-signatures are allowed. Keep:
- The finished document, exactly as signed.
- The certificate or audit trail: who signed, when, from which IP address and browser, and their consent to sign electronically.
- A way to show the document hasn't changed since, such as a SHA-256 fingerprint.
- The emails that sent the request and delivered the finished copy.
Lock & Quill provides standard electronic signatures under ESIGN and UETA. Every completed document carries a certificate of completion with the signers, times, IP addresses and browsers, the signer's consent, and SHA-256 fingerprints of the original and the finished PDF, and anyone holding the PDF can check it at lockandquill.com/verify. It does not offer certificate-based digital signatures, notarization, or identity verification by ID document, so it is the wrong tool for documents that need those.
Quick answers
Is an electronic signature as valid as a handwritten one?
For most agreements in the United States, yes. The ESIGN Act and UETA say a signature or contract can't be denied legal effect only because it is electronic. The exceptions are specific categories such as wills, family law matters, court documents and certain consumer notices.
Is a typed name a legal signature?
It can be. The law covers any electronic symbol or process adopted with the intent to sign, which includes a typed name. What makes it hold up is the evidence around it: a clear act of signing, consent to sign electronically, and a record tying it to the person.
What is the difference between an electronic signature and a digital signature?
An electronic signature is any electronic mark made with intent to sign. A digital signature is one specific technology that uses a cryptographic certificate issued to the signer. U.S. law does not require digital signatures for ordinary agreements; some regulated uses and some documents in other countries do.
Can a will be signed electronically?
Not under the general e-signature laws, which exclude wills, codicils and testamentary trusts. Some states have passed separate electronic-wills laws with their own witnessing rules. Ask a lawyer in your state before signing a will any way other than on paper.
Does an electronic signature need a witness or notary?
Only if the document itself requires one. An ordinary e-signature is not a notarization. Where a document must be notarized, many states allow remote online notarization, which is a separate service performed by a commissioned notary.