# Are electronic signatures legal in the US?

Checked against the text of the ESIGN Act at uscode.house.gov on November 12, 2026. Updated 2026-11-12. Source page: https://fairfillpdf.com/guides/are-electronic-signatures-legal/

Electronic signatures are legal in the US, with exceptions. Under the federal ESIGN Act, a signature, contract or record in a transaction affecting interstate or foreign commerce can’t be denied legal effect only because it is electronic. Congress left wills, family-law matters, official court documents and some consumer notices out of the Act. No one has to accept an electronic signature, except a government agency for some records.

## The ESIGN Act at a glance

| Law | Electronic Signatures in Global and National Commerce Act, Public Law 106-229 |
| --- | --- |
| Approved | June 30, 2000 |
| In effect | October 1, 2000, with later dates for some record-keeping rules and loans |
| Applies to | Transactions in or affecting interstate or foreign commerce |
| Where to read it | 15 U.S.C. chapter 96, starting at section 7001 |

## What is the ESIGN Act’s main rule?

The ESIGN Act’s main rule is for transactions in or affecting interstate or foreign commerce. In those transactions, a signature, contract or other record “may not be denied legal effect, validity, or enforceability solely because it is in electronic form”. A contract also can’t be denied effect only because an electronic signature or record was used to form it.

## What counts as an electronic signature?

Under the ESIGN Act, an electronic signature is “an electronic sound, symbol, or process” attached to or associated with a record. The person has to make or adopt it “with the intent to sign the record”.

The IRS lists the kinds of electronic signature it accepts. For forms where it permits them, the IRS accepts a typed name, a scanned signature, a PIN, a signature pad and a stylus on a screen, among others.

## Which documents does the ESIGN Act leave out?

Congress left these records out of the main rule, in section 103 of the Act (15 U.S.C. 7003).

- Wills, codicils and testamentary trusts.
- Adoption, divorce and other matters of family law.
- The Uniform Commercial Code, apart from a few sections and Articles 2 and 2A on sales and leases of goods.
- Court orders and notices, and official court documents such as briefs and pleadings.
- Notices of utility shut-offs; default, foreclosure or eviction on a primary home; cancellation of health or life insurance; and product recalls that risk health or safety.
- Documents that must go with hazardous materials, pesticides or other dangerous materials when they are moved or handled.

For these records, the ESIGN Act’s main rule does not apply.

## Does anyone have to accept your electronic signature?

Under the ESIGN Act, no one has to agree to use or accept electronic records or signatures. The one exception is a government agency, for records other than contracts it is a party to.

A business or person can refuse an electronic signature, so ask whoever needs your signature which kind they accept. The IRS decides form by form; see [which IRS forms accept an electronic signature](https://fairfillpdf.com/guides/irs-forms-electronic-signature/). For requests submitted on or after July 10, 2026, USCIS accepts an electronic signature only when USCIS prompts for one during online filing through myUSCIS. On other filings, only a handwritten signature is valid. Where ink is required, see [what a wet signature is](https://fairfillpdf.com/guides/what-is-a-wet-signature/).

## How do state laws fit in?

Under the ESIGN Act, a state may change the federal rule for state law only by adopting the Uniform Electronic Transactions Act, or rules consistent with ESIGN. Congress named the version of that uniform act approved by the National Conference of Commissioners on Uniform State Laws in 1999.

The Uniform Law Commission describes the Uniform Electronic Transactions Act as making electronic records and signatures legally equal to paper writings and handwritten signatures.

## How to sign a PDF electronically here

1. Open the PDF with the button above. The PDF is never uploaded.
2. Place the $1.99 hold. Nothing is charged until you download.
3. Choose Sign, then draw your signature, type your name, or upload a photo of your signature.
4. Click where the signature goes. Add the date with Date.
5. Press Download. We charge the $1.99, and your browser saves the signed PDF.

We place a picture of your signature on the page, with no identity check or audit trail. You can [sign a PDF](https://fairfillpdf.com/sign-pdf/) here and try it before you’re charged; the hold is released if you don’t download within 24 hours.

## Questions about electronic signatures

### Is a typed name a legal electronic signature?

ESIGN defines an electronic signature as an electronic sound, symbol or process attached to or associated with a record and adopted with the intent to sign. The IRS lists a typed name among the electronic signatures it accepts, on forms where the IRS permits it.

### Is an electronic signature the same as a digital signature?

No. The IRS describes a digital signature as a type of electronic signature that uses encryption to validate the record.

### Can I sign a will electronically?

Not under ESIGN; Congress left wills out of the Act. The Uniform Law Commission says wills must still be executed on paper in most states, and has written a Uniform Electronic Wills Act that states can adopt.

### Can a notarized document be signed electronically?

Under ESIGN, a notarization requirement is met if the notarizing person’s electronic signature and the other required information are attached to or logically associated with the record.

### Can a business send me disclosures electronically instead of on paper?

Under ESIGN, a consumer disclosure that must be in writing can be given electronically only if you agree to it first. Before you agree, you must get a clear statement of your right to paper and your right to withdraw consent.

### Does a signature added with FairFill PDF include an audit trail?

No. We place a picture of your signature on the page. We don’t check who signed, keep a record of signing or seal the PDF against changes.

We write general information, not legal advice. For your own situation, ask the agency or a lawyer.

## Sources

1. [15 U.S.C. 7001, General rule of validity, Office of the Law Revision Counsel](https://uscode.house.gov/us/usc/119-118/t15/s7001/), read November 12, 2026
2. [15 U.S.C. 7002, Exemption to preemption, Office of the Law Revision Counsel](https://uscode.house.gov/us/usc/119-118/t15/s7002/), read November 12, 2026
3. [15 U.S.C. 7003, Specific exceptions, U.S. Government Publishing Office](https://www.govinfo.gov/content/pkg/USCODE-2024-title15/pdf/USCODE-2024-title15-chap96-subchapI-sec7003.pdf), read November 12, 2026
4. [15 U.S.C. 7006, Definitions, Office of the Law Revision Counsel](https://uscode.house.gov/view.xhtml?req=%28title%3A15+section%3A7006+edition%3Aprelim%29), read November 12, 2026
5. [Public Law 106-229, Electronic Signatures in Global and National Commerce Act, U.S. Government Publishing Office](https://www.govinfo.gov/content/pkg/PLAW-106publ229/html/PLAW-106publ229.htm), read November 12, 2026
6. [Current Acts: Electronic Transactions Act and Electronic Wills Act, Uniform Law Commission](https://www.uniformlaws.org/acts/catalog/current/e), read November 12, 2026
7. [IRM 10.10.1, IRS Electronic Signature (e-Signature) Program, Internal Revenue Service](https://www.irs.gov/irm/part10/irm_10-010-001), read November 12, 2026
8. [NTIA notice on the ESIGN Act exceptions, Federal Register, January 28, 2003](https://www.govinfo.gov/content/pkg/FR-2003-01-28/html/03-1921.htm), read November 12, 2026
9. [Signatures on Immigration Benefit Requests, interim final rule, 91 FR 25479, May 11, 2026, Federal Register](https://www.federalregister.gov/documents/2026/05/11/2026-09289/signatures-on-immigration-benefit-requests), read November 12, 2026