E-Signature Regulations

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

No, Alaska does not appear to currently maintain a list of trusted entities to qualify electronic signatures.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The Act applies to e-signatures “relating to the conduct of business, commercial, or governmental affairs.” The Act only applies where parties have agreed to conduct transactions electronically but doesn’t require the use of e-signatures. The Act does not apply to: wills, codicils, or testamentary trusts; conduct governed by the UCC, except AS 45.01.306, AS 45.02, AS 45.12, and, to the extent allowed, AS 45.07; or notices in transactions excluded from the E-Sign Act by 15 U.S.C. 7003.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

Pursuant to the Act, an electronic signature “may not be denied legal effect or enforceability solely because it is in electronic form” and, where Alaska law requires a signature, an electronic signature satisfies the law.” AS 09.80.040(a), (d). In a proceeding, evidence of an electronic signature “may not be excluded solely because it is in electronic form.” AS 09.80.100.

What is the e-signature law enforceable in your jurisdiction?

The Uniform Electronic Transactions Act, AS 09.80.010 – .195 (the “Act”).

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