Legal
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:
- Intent to sign. The signer draws a distinctive signature, types their legal name, types the words I AGREE, and clicks I agree to sign.
- 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.
- 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.
- 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.
- 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:
- A record or signature may not be denied legal effect solely because it is electronic.
- A contract may not be denied legal effect solely because an electronic record was used in its formation.
- If a law requires a writing, an electronic record can satisfy it.
- If a law requires a signature, an electronic signature can satisfy it.
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.
- New York — ESRA (State Technology Law Article III)
- Illinois — Uniform Electronic Transactions Act (815 ILCS 333); former Electronic Commerce Security Act
- Washington — Uniform Electronic Transactions Act (RCW 1.80); former Electronic Authentication Act
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:
- Let the signer review the entire document before any signature is applied.
- Make it clear that a signature is being applied (typed I AGREE plus a labeled I agree to sign button).
- Keep the signature linked to the record during storage.
- Record the date, time, and fact of intent (separate from merely opening the page).
- Keep documentation of identity, how the signer was authenticated (unique email or text link), intent, and completion time.
- Use hashing so later alteration of the PDF can be detected.
- Keep records authentic, intact, and reproducible, including as paper if requested.
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.
4. Consumer consent disclosures
Before you sign on Upstate Sign you receive, and must accept, these disclosures:
- You are not required to sign electronically. Paper is available from the sender.
- You may withdraw consent before signing by closing the page or choosing Sign on paper. After you sign, the electronic record is the signed copy.
- You need a current web browser that can display a PDF, and a mouse, trackpad, or touchscreen if you draw a signature. Viewing the PDF on this site demonstrates that you have that technology.
- After signing you may download an electronic copy and ask the sender for a paper copy.
- The parties agree that the agreement may be electronically signed, and that those electronic signatures are the same as handwritten signatures for validity, enforceability, and admissibility.
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:
- Stamped onto the specific PDF (graphic association).
- Logged in an audit trail with timestamps, IP address, and browser (logical association).
- Hashed (SHA-256 of the original and completed files) so changes after signing can be detected.
- Documented on a certificate of completion kept with the envelope.
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:
- Wills, codicils, and testamentary trusts
- Documents disposing of a person’s person or property upon death or incompetence
- Powers of attorney, health care proxies, and DNR orders
- Adoption, divorce, custody, and other family-law documents
- Court filings and official legal pleadings
- Certain Uniform Commercial Code instruments
- Marriage, birth, or death certificates
- Electronic notarization of real-property instruments (New York Department of State rules, not this product)
7. Official sources
Federal
New York
- ESRA, State Technology Law Article III (NY Senate)
- ESRA § 304 — use of electronic signatures
- 9 NYCRR Part 540 (ESRA regulation)
- NYS-G04-001 ESRA IT Guideline (PDF)
- NYS ITS ESRA overview
Illinois
- 815 ILCS 333 — Uniform Electronic Transactions Act (current)
- Public Act 102-0038 (enacted UETA, repealed ECSA)
- 5 ILCS 175 — Electronic Commerce Security Act (repealed)
Washington
- RCW 1.80 — Uniform Electronic Transactions Act (current)
- RCW 1.80.060 — legal recognition of electronic signatures
- Former RCW 19.34 — Electronic Authentication Act (repealed)
Explainers
- Adobe: ESIGN / UETA / New York ESRA
- BlueInk: U.S. electronic signature law (NY, Illinois, Washington)
- Purdue Global Law School: e-signature legal requirements
Last updated 13 October 2026. Consent version ESIGN-ESRA-2026-10-13. UPSTATE SIGN.