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Electronic signature laws we follow

Upstate Sign is built for U.S. commercial use, with New York as home. Electronic signatures on this service are designed to meet the federal ESIGN Act, the Uniform Electronic Transactions Act (UETA) where a state has adopted it, and the separate statutes that still govern in New York, Illinois, and Washington.

This page is a public description of those rules and how this product applies them. It is not legal advice. Some documents still require wet ink. See documents that cannot be signed electronically.

1. U.S. ESIGN Act (2000)

The Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001–7006 (Public Law 106-229), says a contract or signature may not be denied legal effect solely because it is electronic. An electronic signature is an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted with the intent to sign. Read the enacted text at GovInfo (Pub. L. 106-229).

For a signature on this site to be treated as valid under ESIGN, the workflow includes these five elements:

  1. Intent to sign. The signer draws a distinctive signature, types their legal name, types the words I AGREE, and clicks I agree to sign.
  2. Consent to do business electronically. The signer must check consumer consent disclosures and agree that electronic signatures have the same effect as handwritten signatures for validity, enforceability, and admissibility.
  3. Opt-out. The signer may choose Sign on paper instead: download the unsigned PDF, print it, sign in ink, and return it to the sender. Closing the page before typing I AGREE also withdraws electronic consent.
  4. Signed copies. After signing, every party can download the completed PDF and a certificate of completion. If email is configured, copies are sent to the signer and the sender.
  5. Record retention. Completed records are stored so they accurately reflect the agreement and can be reproduced. Archiving a finished request does not destroy the signed PDF.

2. Uniform Electronic Transactions Act (UETA)

UETA (1999) is the model state law. Most states have adopted it. It says:

Most states have enacted UETA. Three jurisdictions were long treated as exceptions because they wrote their own e-signature statutes instead of copying UETA: New York, Illinois, and Washington. Federal ESIGN still applies to interstate and international commerce in every state.

UETA consumer transactions require clear consent disclosures, an affirmative agreement to use electronic records, and that consent not be withdrawn before signing. Those disclosures are on this page and on every signing link. See Consumer consent disclosures.

3. New York, Illinois, and Washington

BlueInk and other U.S. summaries list these three states as having their own e-signature laws rather than (or in addition to) the original UETA text. The statutes that actually govern today are linked below. New York still uses ESRA and has not adopted UETA. Illinois and Washington later enacted UETA and repealed their earlier standalone acts.

3a. New York ESRA and NYS-G04-001

New York has not adopted UETA. Electronic signatures are governed by the Electronic Signatures and Records Act (ESRA), State Technology Law Article III, §§ 301–309. The official Senate text of the article is on nysenate.gov (STT Article 3). ITS, as electronic facilitator, implements ESRA in 9 NYCRR Part 540 and publishes guideline NYS-G04-001.

Key sections: § 302 definitions (electronic signature), § 304 use of electronic signatures, § 305 electronic records, § 307 exceptions, and § 309 use is voluntary.

ESRA defines an electronic signature the same way as ESIGN: an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record. It has the same force and effect as a handwritten signature. Use of electronic signatures is voluntary.

NYS-G04-001 tells us to:

ESRA does not apply to documents that provide for the disposition of a person’s person or property upon death or incompetence, or that appoint a fiduciary, including wills, trusts, DNR orders, powers of attorney, and health care proxies. See ESRA § 307.

3b. Illinois

Illinois used to govern e-signatures under the Electronic Commerce Security Act, 5 ILCS 175. That act was repealed by Public Act 102-38.

The law in force now is the Illinois Uniform Electronic Transactions Act, 815 ILCS 333, effective June 25, 2021. Section 7 gives electronic records and signatures the same legal recognition as paper. The enacting bill is Public Act 102-0038 (SB 2176).

Federal ESIGN still applies to interstate commerce with Illinois parties. Upstate Sign uses the same consent, intent, audit, and copy rules for Illinois signers as for everyone else.

3c. Washington

Washington used to govern digital signatures under the Electronic Authentication Act, former RCW 19.34 (repealed in 2019).

The law in force now is the Washington Uniform Electronic Transactions Act, RCW 1.80, which applies to electronic records and signatures created on or after June 11, 2020. RCW 1.80.060 says a record or signature may not be denied legal effect solely because it is electronic, and that an electronic signature satisfies a law that requires a signature. Full chapter: RCW 1.80 (complete).

Federal ESIGN still applies to interstate commerce with Washington parties.

Before you sign on Upstate Sign you receive, and must accept, these disclosures:

The full signer-facing text is on /legal/consent and is shown again on every signature request.

5. How Upstate Sign attaches the signature to the record

The signature is a process: consent, review of the PDF, a drawn mark under the signer’s control, typed legal name, typed I AGREE, and an affirmative click. That process is:

The signer is authenticated by a private link sent to their email or mobile number. The completed record can be downloaded by the signer and by the sender’s workspace.

6. Documents that cannot be signed here

Do not use Upstate Sign for:

7. Official sources

Federal

New York

Illinois

Washington

Explainers

Last updated 13 October 2026. Consent version ESIGN-ESRA-2026-10-13. UPSTATE SIGN.