eSignature Document for Legal Mobile

Everyone knows that India is becoming digital and great initiatives have been taken by our PM. E-Signatures are legally valid in India, and businesses can use it without any doubt.Requirements for validityThe Information Technology Act, 2000 provides for the adoption of e signatures and acknowledges two forms of e-signs as having similar legal acceptance as pen-and-paper signatures. These forms specifically acknowledged under the IT Act include:E signatures which incorporate an Aadhaar ID with an electronic Know-Your-Customer (eKYC) method.Digital signatures which are created by an “asymmetric crypto-system and hash function”. For such signatures, the signer is usually issued a long-term certificate-based digital identity number, stored on a USB token, which is used to place a sign on a document.For the above forms of electronic signatures to be legitimate, they must satisfy these further conditions.The signatory of the e signature must be uniqueAt the point of signing, the signatory should be in control of the data employed to generate the e-sign.Any tamper with the signature, or the form to which the signature is placed, must be easily detectable.There must be an audit trail of procedures followed during the signing process.Signer certificates should only be granted by the signNowing Authority.If all these conditions are followed, then there is an obvious legal belief in favor of the legality of any document signed using e-signatures.However there are some documents which Indian law prohibits to be signed electronically. Here is the list of it.Any document listed by the government of India on the official gazettePower of attorneyTrust deedsA will and other forms of testamentary dispositionNegotiable documents such as bills of exchange, drafts, promissory notes and moreDocuments involving any sale of immovable property such as real estateTo learn more about technical and legal overview of electronic signatures in India, Read this article - Electronic Signatures India - Technical & Legal Overview | signNow

Some SDKs on the market allow digital signatures, and some do not. You need to find the right SDK, and the right document format. I recommend trying PDF SDK by Kdan Mobile. They have been developing apps for PDF for over 10 years, and PDF Reader, the popular PDF editor, has over 50 million downloads on the iOS and Android app stores, and is also available on Windows and Mac OS. Coupled with this system is signNow, an e-Signature back-end to create, manage, and request e-Signatures from whoever you want, and create legally enforceable documents. Since signNow is built into PDF Reader, ...

E-signature solutions are often packaged with other software, and when you look for such a product, there are a number of factors that you should look for. Is it cloud based? If you are working with offline software, you might have issues with security, or finding a way to easily back up your data. Is the solution legally enforceable? You might be surprised that just signing your name to an electronic document might not be enough to make it legally binding. Often times, identification is required with a proof of signature, which can be shown to match that on the document. It can be a hassle to get these things without a full solution, which handles not only the signatures, but also form data, documents, document security and communication. For these reasons, I recommend D365 Business by Kdan Mobile, which includes the renowned signNow E-signature platform. E-Signatures with D365 Business include a full document management solution, from scanning, editing, form filling, signatures, signature management, and communication. When all of your signatures are received, you can save securely on the cloud with 1 TB of cloud storage per user, and even send the document via fax, straight from your mobile device. With a full-featured E-signature solution, you can easily collaborate and transfer files from one device to another, without worrying that you need to save your work. I highly recommend for you to download the full suite of D365 apps today, and get started sending e-signatures with a free trial.

Digital signatures offer security, speed, convenience and accountability - all of it digitally and quickly. With the e-signature software constantly updated and improved, there are really no drawbacks to using digital signatures. In a lot of cases, it saves the business money, time, while improving the overall efficiency and workflow of the company or the individual.E-signature software I recommend checking out is signNow - it’s a great tool to add to your arsenal no matter what line of work you’re in - signNow is a good choice for a variety of businesses, company sizes and individual use. This application comes with a high degree of security, plenty of advanced tools and features as well as being multi-platform. signNow provides you, your coworkers and customers with a secure and legally binding way to both sign, request and assign signatures, track and monitor the entire process while knowing that all the files are not just secure, but also come with audit trails that note and save all the changes made to the documents. With signNow, you can import documents from the web, email or a variety of cloud services, personalize your signature and work from any mobile device - thereby staying flexible while on the go.signNow is intuitive, user-friendly and a great way to improve how your company manages the signing duties.Disclaimer: I am part of Kdan’s team, and my answers might be a bit biased.

Contrary to common notion, electronic signatures have been valid in India, since year 2000, under the Information Technology Act (IT Act).As per the IT Act, two types of signatures have the same legal status as handwritten signatures. These primarily include:(i) Digital Signatures: In this case, the signer is issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that can be used along with a personal PIN to sign a document.Note: Previously, the signer was issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that could be used along with a personal PIN to sign a document digitally. Now with Aadhaar, that complicated procedure isn’t required anymore. You can simply use signNow’s Aadhaar eSign to create a digital signature on the fly using your Aadhaar ID(ii) Electronic signatures: These electronic signatures combine Aadhaar identity number with an electronic Know-Your-Customer (eKYC) method (which includes sending an One-Time-Passcode to the mobile number linked to the Aadhaar card for verification)These Aadhaar based e-signatures and digital signatures are valid as long as they satisfy these conditions:(i) Electronic signatures must be uniquely linked to the person signing the document. (in the case of Aadhaar based signatures, they are linked by the unique Aadhaar ID)(ii) At the time if signing, the signatory must have control over the data used to generate the electronic signature (for eg: they should be able to directly affix the electronic signature to the document)(iii) There should be an audit trail of the steps taken during the signing the process(iv) In the case of digital signatures, signer certificates must be issued by signNowing Authority recognized by the Controller of signNowing Authorities appointed under the IT Act.Currently government authorities such as Ministry of Corporate Affairs, Department of Revenue, and Ministry of Finance are all accepting electronic records using electronic signatures.Looking to sign documents legally in minutes?If you are looking to get legally compliant electronic signatures on contracts, invoices, quotes etc., try signNow, India’s first Aadhaar eSign solution that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go.

The best sector name for e-signature platform service is the Legal department.The use of e-signature allows legal organizations to save costs and devote more time and attention to their clients. Because of this technology, it is possible to close contracts with greater dexterity, from both mobile or tablet, without customers having to depend on a set time.So far, the workflow of the departments of legal experts was slow. It was required to print the documents, sign them by hand, scan them and send them by email or fax to the client and then wait to receive them with their signature, and then continue to file them, after having followed them several times. As a result, work was a remarkably slow and workflow was tedious waiting to receive the document signed and validated by all the parties.Nowadays, Law professionals, charge their client by the hour, and they cannot afford to spend any longer than necessary on paperwork. Also, their clients demand more versatility, without affecting the confidentiality of the information contained in their documents. For this reason, electronic signature solutions for legal services. It will improve the workflow of electronic signature legal department.E-signature for a legal agreement is just as valid as those signed by the contracting party's own hand.The benefits of using an electronic signature -Reduce Costs - E-signature legal services is typically provided for a monthly fee, depending on the number of users who will need access. If we compare the cost of a high-quality printer, which can be in the thousands, you can apparently purchase a full year license to e-signature software for less.Provide a Better Client Experience - By offering e-signatures, you can offer your client the effortless experience of signing the documents on apps. E-signature legal department than verifies the signature. This helps you to save a lot of time.Track Progress and Automate Follow Ups - E-signature software provides a well-organized way of pursuing outstanding signature requests. it helps you to remain organized and save hours of time following up.No software is 100% secure or reliable, but e-signature technology can do certain things that paper simply cannot.

signNow embedded signing is a scenario where the host application and signNow service share authentication responsibility.  Additional forms of authentication like RSA knowledge base authentication, Phone authentication and others can be added for additional evidence that the signer is who they say they are.  If you think about it the access to the e-mail address is also a piece of evidence, in this case we are just allowing the host application to verify access to e-mail.  Next and very important point is that signNow certifies all of our API integrations and during that certification we ensure that the integrated apps adhere to code and compliance standards.  I am not sure if other companies do it, but it would be great if everyone made sure that these embedded scenarios always had a minimum bar of compliance.

Businesses can sign contracts electronically in India using signNow's EchoSign service but it would be advisable to use digital signatures over electronic signatures. What is signNow's Echosign service? signNow's Echosign service provides [ https://www.echosign.signNow.com/en/how-it-works.html ] user a platform to sign manually on a touch-based device and conduct transactions electronically. The signature thus provided is an electronic signature (e-sign). signNow clarifies [ https://www.echosign.signNow.com/en/support/knowledgebase/Is_an_EchoSign_Signature_a_Digital_Signature.html ] that Echosign is an electronic signature and not a digital signature. How is it different from a digital signature? An electronic signature signifies electronic authentication of electronic records [See Section 2(ta) of the IT Act, 2000 on Amendment to the IT Act, 2000 [ http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf ]]. An electronic signature comprises all signNow electronic techniques that can be used to authenticate a document. A digital signature, on the other hand, is a kind of electronic signature that employs asymmetric crypto systems and hash functions to envelop and transform the e-record into another e-record. It is more secure and reliable. [See Section 2(p) and Section 3 of the IT Act, 2000 [ http://www.dot.gov.in/sites/default/files/itbill2000_0.pdf ]] Are electronic signatures legally valid in India? While digital signatures issued by licensed signNowing authorities [ http://cca.gov.in/cca/?q=licensed_ca.html ] in India are wholly valid and recognized, electronic signatures may or may not be considered reliable. According to Section 3A: [ http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf ] %3E Electronic Signature.- (1) Notwithstanding anything contained in section 3, but subject to the provisions of subsection (2) a subscriber may authenticate any electronic record by such electronic signature or electronic authentication technique which- (a) is considered reliable ; and (b) may be specified in the Second Schedule (2) For the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if (a) the signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or , as the case may be, the authenticator and of no other person;(b) the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person;(c) any alteration to the electronic signature made after affixing such signature is detectable; (d) any alteration to the information made after its authentication by electronic signature is detectable; and(e) it fulfills such other conditions which may be prescribed.(3) The Central Government may prescribe the procedure for the purpose of ascertaining whether electronic signature is that of the person by whom it is purported to have been affixed or authenticated(4) The Central Government may, by notification in the Official Gazette, add to or omit any electronic signature or electronic authentication technique and the procedure for affixing such signature from the second schedule; Provided that no electronic signature or authentication technique shall be specified in the Second Schedule unless such signature or technique is reliable (5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.] In simple terms, while digital signatures issued by licences CAs are ipso facto valid, other kinds of electronic signatures (including signNow Echosign), to be considered valid, will have to prove themselves to be reliable as per Section 3A(2). Such reliable electronic signatures (including digital signatures) are legally recognized as per Section 5 in the Amendment to the IT Act, 2000 [ http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf ]: %3E Legal recognition of electronic signatures: Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person (hence, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of electronic signature affixed in such manner as may be prescribed by the Central Government.Explanation.—For the purposes of this section, "signed", with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression "signature" shall be construed accordingly. What should you do? You may sign using signNow Echosign but in case of a dispute, it might be difficult to prove the authenticity of the document. If you transact electronically on a regular basis, it is highly recommended that you obtain [ http://cca.gov.in/cca/index.php?q=faq-page#n39 ] a digital signature certificate from one of the 6 recognized signNowing authorities.

In all 50 states and territories of the US "Electronic Signatures" are viewed as enforceable and binding to all parties to the agreement(s).  The electronic facsimile of a cardholder's signature is not just an artifact of Flint, but also of Square, PayPal and other mobile payment companies.  You will also witness signature pads at all large retailers in the US.The First Electronic Signature Was Morse CodeThe case law signNowes back to the 1850s in the US where Morse Code was transmitted via Telegraphy [1].Saturday, June 10th, 1871,  Samuel F. B. Morse sending his last telegraph message, his signature: "S ...  F .-.  B -...       M --  O . .  R . ..  S ...  E ." to a standing ovation.1869 And The First Legal Test Of An Electronic SignatureIn 1869 the New Hampshire Supreme Court decided a case that challenged if a telegraphed contract was valid.  In the findings:"It makes no difference whether that operator writes the offer or the acceptance,  with a steel pen an inch long attached to an ordinary penholder, or whether his pen be a copper wire a thousand miles long. In either case the thought is communicated to the paper by the use of the finger resting upon the pen; nor does it make any difference that in one case common record ink is used, while in the other case a more subtle fluid, known as electricity, performs the same office."This ruling has formed the foundation in US law all the way up to the Facsimile machine and the current finger signatures that are common to the current smartphone payment apps.  The US codified the law more clearly in the E-Sign Act ( the Electronic Signatures in Global and National Commerce Act} from 2001 [2].  This expands upon the prior Uniform Electronic Transactions Act (UETA) [3].The E-Sign Act states:(a) IN GENERAL.—Notwithstanding any statute, regulation, or other rule of law (other than this title and title II), with respect to any transaction in or affecting interstate or foreign commerce—(1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforce- ability solely because it is in electronic form; and(2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation.A Payment Card Transaction Is A Signed ContractA Payment Card transaction is a contract between the cardholder and the card issuing bank and indirectly the merchant.  When a cardholder authorizes a bank for the use of a Payment Card they are also authorizing your approval of all transactions with or without a signature. Thus at the very least there is cardholder authorization for a transaction that was conducted using an Electronic Signature regardless of the E-Sign Act.  But with the E-Sign Act the mark would be considered valid unless the cardholder contests or otherwise repudiates the transaction.  This would be considered a Chargeback and it is another thing entirely (see: Brian Roemmele's answer to How do you prevent people from using chargebacks as a method for refunds?).Apple And A New IOS "Home Button", A Finger Print Electronic Signature SystemThe electronic signature will continue to evolve. In the future other unique identifiers will be used to confirm or authorize a payment card transaction.  Look for Apple to release an integrated fingerprint scanner (for a multitude of reasons) in to new IOS devices that can be used as an electronic signature to confirm and authorize payment card transactions (see: Brian Roemmele's answer to Why did Apple buy AuthenTec?).  This feature will form the basis of Apple's new iWallet and extension to Passbook.  Image from the 2008 Apple patent 20100082444 showing NFC Logo and fingerprint scanner (using the older AuthenTec thin rectangular finger print scanner AES2750).  I believe the actual fingerprint scanner will be the Home Button using another AuthenTec product.  A long JourneyThe electronic signature has come a very long way from the days of Mr. Morse's invention.  However the intent continues to perform the same basic human function, I authorize and confirm this contract.___1) Privacy Issues In Federal Systems:2) Page on Gpo3) Uniform Electronic Transactions Act