E-Signature Regulations
USA – Delaware

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

No.

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

Under the E-SIGN Act, UETA, the Uniform Real Property Electronic Recording Act, and Delaware corporate and alternative entity law, the general principle is that electronic signatures and records should be accorded the same legal status as manual signatures and paper records.

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

They are generally legal. Key exceptions include where electronic signatures and or documents are explicitly prohibited by an entity’s governing documents and certain documents such as wills, codicils or testamentary trusts, foreclosure or default notices, court orders or documents, product recalls, and safety notices.

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

Applicable Federal law is the E-Sign Act. Delaware has adopted the Uniform Electronic Transactions Act (UETA) and the Uniform Real Property Electronic Recording Act. E-SIGN and UETA do not apply to transactions governed by the Delaware General Corporation Law (DGCL) or by Delaware’s alternative entity statutes such as the LLC Act, or by the Delaware UCC, these are governed by Section 116 of the DGCL or the corresponding provisions of the relevant alternative entity act or by the Delaware UCC.

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The Stewart Law Firm

USA – Delaware

Offices

The Stewart Law Firm
Farmers Bank Building
301 N. Market Street
Wilmington, DE, USA 19801
Tel +1 302 652 5200