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FAQs
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E-signing: Is typing your name on a form and clicking submit hold up as a legal signature?
In states which have passed it, the Uniform Electronic Transactions Act (UETA) would govern this. Section 7 of UETA, in particular, specifies: SECTION 7. LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law.So, assuming that a signature is required for a contract to be valid, an "electronic signature" suffices. UETA defines "electronic signature" as follows:(8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.In basic language, this means that when you type out your name and click on the "submit" button, you've electronically signed the record, and the official comments to UETA (not technically law, but extremely persuasive) back this up:This definition includes as an electronic signature the standard webpage click through process. For example, when a person orders goods or services through a vendor's website, the person will be required to provide information as part of a process which will result in receipt of the goods or services. When the customer ultimately gets to the last step and clicks "I agree," the person has adopted the process and has done so with the intent to associate the person with the record of that process. The actual effect of the electronic signature will be determined from all the surrounding circumstances, however, the person adopted a process which the circumstances indicate s/he intended to have the effect of getting the goods/services and being bound to pay for them. The adoption of the process carried the intent to do a legally signNow act, the hallmark of a signature.Although not every state has adopted UETA either in part or in whole without modifications, I believe every state now has similar or identical provisions in its body of law. Assuming that this type of waiver would otherwise be legally enforceable (and many jurisdictions don't allow a waiver of liability for injuries under certain circumstances) then it would not be rendered unenforceable simply because it was signed electronically.Of course, in order to ensure the enforceability of any contract, one should generally consult with an attorney who is familiar with contract law in your jurisdiction and who could recommend a set of best practices for the storage and preservation of any contract stored as an electronic record.
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When are digital signatures valid, and when are "wet signatures" required? Is there a difference between digital markup on PDF o
For the most part, signatures are not required at all to form a contract, nor are they part of rather legal arrangement between parties. Rather, they are proof that: * the two parties did in fact come to an agreement. Witnesses, communications records, the history of the parties’ acts, and many other things could prove this, but two parties engaging in a formal signing process is much more efficient and conclusive * the two parties intended to be bound to promises they were making each other, and it wasn’t just negotiation, chatter, offers, or statements of intent. Shaking hands, stomping three times on the ground, reciting a prayer, and other demonstrative acts would also work, but in most cases are not an accepted standard, and are harder to implement. * the parties are identified. This goes both to authenticity (the document is real and identity (the parties endorsing it are who they say they are, and are acting on their own behalf or on behalf of a business entity, client, or charge they represent). Other forms of ID, like notaries, witnesses, video records, could work, and documents and signatures can be forged, but a signature, properly authenticated, is simple low cost way to make contracts more trustworthy. Given that a signature isn’t really necessary at all, in principle at least there is not really any difference between a wet signature, a signature via a document service like signNow, a scanned PDF, clicking “I accept”, typing out “/s [signature]”, or any other means. Any requirement is not really based on fundamental principles, but the specific circumstances of the transaction. * Sometimes the parties insist on one particular type of signature before they will do business with each other. Banks and government agencies sometimes insist on a physical signature, or an online signature done through their own in-house system, in order to process a document. You can sometimes fool them with a good digital signature, and they’ll accept the document anyway, in which case no harm no foul. But they’re free to reject it. * Similarly, there may be a custom in a particular realm of business, law, or life. For example, many old school investors only trust wet signatures on paper, thought this is dying out as of the late 2010s. * It could be written into a contract, or an offer, or policy, etc., that only a particular mode of signing is valid. * In a few cases there is a legal requirement to have a wet ink signature, or at least a signature, depending on the specific law. In the United States (and probably many other places) real estate transfers, copyright licenses, wills, and other things require an actual signature. E-signature laws often specify that any kind of signature will do, as a default, unless the law specifically requires one kind of signature or another. There really aren’t any signature standards in the US, just like there’s no standard for how you’re supposed to shake hands or say “I do.” As Europeans like to do, the digital signature standards are much more specific over there. There’s probably an ISO (International Organization for Standardization [ https://www.quora.com/topic/International-Organization-for-Standardization ]) rule for how to wake up, pet your dog, and make coffee in the morning. But the US attitude is whatever does the job will work. FWIW, there is a custom of signing things in blue ink to demonstrate that it is a real signature. Red or green would do but they look a little silly on a contract. Thus, when I apply a digital signature to things I usually make it blue.
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What's the legality of a signed and scanned document compared to a paper document?
In today’s technologically savvy world, you are much more likely to do business with people that are geographically distant from you. Scanned documents are incredibly common and simplify the process for signing documents even if you are miles apart. Business wouldn’t be as easy to do without this convenience. There are pros and cons associated with each type of signature. As you point out a paper version could get lost while a scanned document is arguably easier for people of poor character to manipulate. I would encourage you to focus less on the signature, and more on the document you are signing as well as the individuals you are conducting business with. The contract you sign is the legally binding document. The signature simply indicates that you read and agree with it. To ensure that the document is fair, and sound you should consider the following: * Be sure to read. Yes, all of it. While contracts can be incredibly lengthy, it’s critical that you actually know what it says so you are certain what you are agreeing to. Sometimes, people will try to slip in various clauses in hopes that you simply don’t notice. Don’t let this happen to you. It could make you responsible for things you haven’t discussed or could even cost you a considerable amount of money. * Make sure you understand it. Reading it is only part of the deal, you should also understand it. Legal jargon or other business terms may not be familiar to you. Those terms have signNow meaning and could impact the overall intent of the contract. * Make sure you agree. Just because a document is given to you to sign, doesn’t mean you should. If you disagree with any aspect of the contract, you should ask for changes. You should then carefully review those changes. Ensuring that a legally binding document is properly completed and understood can be an incredibly complex task. It is best to consult a business attorney to assist you with this. That way, you can have a second set of eyes to look every the terminology a well as the intent of the document. Relying on their expertise could save you considerable time and money. LawTrades [ http://www.lawtrades.com?utm_source=quora&utm_campaign=corporate&utm_medium=organic ] can help connect you with a skilled business attorney. We understand the importance of legal documents and we want to help you protect your future. Contact us today for a free consultation.
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What is the difference between a digital signature and an electronic signature in your professional opinion?
Both terms - “electronic signature” and “digital signature” - are often used interchangeably, they aren’t exactly the same. Electronic signatures could be considered virtual representations of a pen-and-paper (“wet”) signatures. Digital signatures, also called cryptographic signatures, are a type of electronic signature that’s coded and encrypted in order to prevent the impersonation of a signee, tampering, and improve security overall.The main difference is that a digital signature is mainly used to secure documents and is authorized by certification authorities while an electronic signature (e-signature, e-sign) is usually associated with a contract where the signer has got the intention to do so: Difference Between Digital Signature and Electronic SignatureE-signature helps an individual to show his agreement to the conditions and terms of an electronic service. It can also be used to confirm the identity of the message's creator. Many countries give the same legal importance and significance to e-signatures as to traditional ways of executing documents. Here are the features of some most popular tools in this area: Best E-Signature Software Reviews & Comparisons | 2019 List of Expert's ChoicesWith electronic signature tools you avoid signing digital documents by hand - which is tedious cause otherwise you need to print, sign and scan all that stuff - that’s why such tools are on the rise. If you work with such signatures often, maybe you need some simple free tool which is specialized exactly for your business tasks. It really depends on the purpose for which you need this to sign an already typed document - it is often better to use a specialized tool, like Draw Your Signature Online and Sign PDF - CreateMySignature.com (instead of a regular image editor) to streamline your business documents workflow.
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Will electronic signatures on contracts hold up in a court of law?
That depends on what exactly you mean by an "electronic signature", and the type of contract that you're trying to enforce. Generally, the fact that a signature is electronic instead of a physical mark is not sufficient for it to be outright ignored by the law. In fact, the Uniform Commercial Code (UCC) explicitly allows for the validity of electronic signatures (something I covered in length on Are digital signatures via iPhone/iPad recognized as legally binding?):§ 1-201. General Definitions(39) "Signed" includes any symbol executed or adopted by a party with present intention to authenticate a writing. This is why an "X" on a contract is sufficient to count as a signature - it is a "symbol" that is "executed" by a party with "intent" to "authenticate" the contract.§ 2-211. Legal Recognition of Electronic Contracts, Records, and Signatures(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.(2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.(3) This article does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed by electronic means or in electronic form.(4) A contract formed by the interaction of an individual and an electronic agent under Section 2-204(4)(b) does not include terms provided by the individual if the individual had reason to know that the agent could not react to the terms as provided.This basically means that, just because the "signature" is in electronic format, it's entirely valid.§ 2-212. ATTRIBUTIONAn electronic record or electronic signature is attributable to a person if it was the act of the person or the person's electronic agent or the person is otherwise legally bound by the act.This allows you to have PayPal or some other third party or application to which you've assigned the power bind you to a contract.
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Is there an industry standard e-signature software that insurance companies use for online life insurance sales?
Many insurance companies use signNow for their e-signature needs. It has the best online link/forms solution in the esign industry so that you can integrate new enrollments directly from your website. There's also a flexible API for integrations as well. If you want to send documents in bulk for esigning, like customer renewals, you can do that too. There's also an in-person signing feature for clients right in your office. signNow just integrated with Salesforce and has payment processing capabilities as well. signNow is easy to use, cost-effective and has great customer service if you have any issues. You can sign up for signNow's free trial on their website and request to see a webinar to check out how it will work for your requirements.
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What is the best e-signature app?
What is Digital Signature? And Benefits of Digital Signature CertificatesA digital signature is basically a way to ensure that an electronic document (e-mail, spreadsheet, text file, etc.) is authentic. Authentic means that you know who created the document and you know that it has not been altered in any way since that person created it.Digital signatures rely on certain types of encryption to ensure authentication. Encryption is the process of taking all the data that one computer is sending to another and encoding it into a form that only the other computer will be able to decode. Authentication is the process of verifying that information is coming from a trusted source. These two processes work hand in hand for digital signatures.How do I get a Digital Signature?Digital Signature Certificate (DSC) is a secure digital key that certifies the identity of the holder, issued by a signNowing Authority (CA). There are many companies provide Digital Signature , i.e.SIFYeMudhra(n)codeThese companies gives LRA to several companies that are basically known as LRA. You may directly apply online and purchase from your local authority.signNow - offers a 14 day free trial and 3 types of pricing plans starting from $9.99 when paid monthly. All plans include sending unlimited amount of documents for signature. Available for Mac, iOS, Windows, Android and Web-browser.signNow - offers a 14 day free trial and 2 types of pricing plans starting from $29 when paid monthly. All plans include sending unlimited amount of documents for signature. Available for web-browser, iOS and Android.signNow - offers a 30 day free trial and 3 types of pricing plans starting from $15 when paid monthly. The number of document sends included each month differs by plan type. Available for Web-browser, iOS and Android.signNow - offers a 14-day free trial and 3 types of pricing plans starting from $15 per month when paid monthly. All plans include fair user restrictions to sign documents and send them for signature. Available for web-browser, iOS and Android.signNow - offers a 14-day free trial and 3 types of pricing plans starting from $15 per month when paid monthly. Unlimited document sending is subject to fair use thresholds. Available for Web-browser, iOS and Android.signNow - offers a free trial and 2 pricing plans starting from $16 per month when paid annually. All plans include sending unlimited amount of documents for signature. Available for web-browser, iOS and Android.Digital Signature for E-tenderingThere are three types of digital signature certificates depending on the validation of identity and type of use. They are:Class I DSC – Individuals get it for validating the email identification of the users and in situations where risk is minimal and here the signature is stored in software.Class II DSC – Business organizations or individuals use this digital signature certificate to validate the information given by the subscriber in the application against the information available in a trusted consumer database and in other such situations where security risk is moderate. In this case a hardware cryptographic device is used for storing the signature.Class III DSC – This digital certificate is directly issued by the signNowing authority and it is required that the person applying for DSC must be present at the signNowing authority’s premises and prove his/her identity in front of the authority and the security risk involved in this case is very high. In this case also a hardware cryptographic device is used for storing the signature.The Necessity of Digital Signature CertificatesFor e-filing of the income tax returns by any individual, the Government of India has made it mandatory to affix digital signatures to the income tax returns documents. For affixing the digital signature one must have digital signature certificates issued by licensed certification authority.In addition, Ministry of Corporate Affairs has set the mandatory guidelines for the companies directing them to file all reports, applications and forms using a digital signature only and this again requires a digital signature certificate.For GST also a company must verify its GST application by affixing a digital signature using digital signature certificate in order to get registered for GST.These days many Government procedures, filling different applications, amendments and forms require digital signatures made by using digital signature certificates.Benefits of Digital Signature CertificatesSaves Money & Time: As there is no need of physical presence you can digitally sign your PDF files and other documents using DSC anywhere & anytime. You need not sign your paper documents and then scan them to send them across through internet if you follow the above given option. You can save the money which would otherwise be spent on printing and scanning the document. You can also go green by saving paper.Secured Data: The digitally signed documents are tamper proof as the digital signatures are secured with a private key and public key and they cannot be edited after digitally signing the document.Authentic: Digitally signed documents are authentic and the receiver can be completely sure about the sender’s identity and integrity. The receiver can easily execute the information in the document without worrying about the document being forged.Certificate (DSC) is essential for companies and organizations that take part or intend to take part in eTendering processes on various Government sites. If a organisation going to apply for any Government eTender needs to have a Class 3 Digital Signature Certificate registered in the name of a representative who is authorized to submit online offers for e-Tendering applications.How to apply digital signature ?We enable compliance with legal and regulatory requirements for end-to-end electronic transactions for any kind of E-Business.What Documents required for Class 3 Digital Signature ?Documents required for Class 3 Digital SignatureApplication Form (Duly Signed)Recent Passport Size Photograph (Pasted on the Application form and Signed across the Photo)Identity ProofPAN CARD * (Income Tax F Filing Portal requires PAN Encrypted DSC)PassportDriving LicensePhoto ID Issued by Central Or State GovernmentVoter IDAadhar CardApply for Digital SignatureAddress ProofPassportDriving LicenseLatest Utility Bills - Not Older than 3 Months (Telephone, Electricity, Water, Tax, LIC)Ration CardVoter IDBank Account Statement ( Not Older than 2 Months)Service Tax/ VAT registration CertificateProperty tax/ Municipal tax ReceiptProof of Right to do Business (Any one of the Following)Certificate of IncorporationMemorandum of Association & Articles of associationRegistered Partnership deedValid Business licenses like VAT , Service Tax RegistrationLicense under shop and Establishment Act (For Proprietorship Concerns)PAN Card of the Company/FirmProof of Right to do Business (Any one of the Following)Latest annual Report / BalancesheetLatest Income Tax ReturnsOrganization Bank Details on Banks Letter Head/ Latest Bank statement attested by BankAuthorization Letter in Favor of the applicationAll Documents to be Self Attested by the applicant & Attested by the Authorised Signatory of the Business with Stamp & Seal. For More information about Best Digital Signature company in kanpurDifferent software solutions exist for different platforms, hence I am going to give one (the most common one) for each one of them:Windows: Open the PDF in signNow and click the “Fill & Sign” button in the right pane.Mac: Open the PDF in Preview, click the Toolbox button, then click SigniPhone and iPad: Open the PDF attachment in Mail, then click “Markup and Reply” to sign.iPhone and Android: Download signNow Fill & Sign, open the PDF, and tap the Signature button.Chrome: Install the signNow extension, upload your PDF, and click the Signature button.And you are good to go!!
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How can I download an e-PAN card?
Now Income Tax Department started new facility of avail instant e-PAN online at free of cost. Those who have not PAN card can apply and avail e-PAN instantly at free of cost.What is e-PAN?e-PAN is a digitally signed PAN card issued in electronic format by Income Tax Department using Aadhaar e-KYC process. Hence, to avail this facility, you must have a valid Aadhaar card.Aadhaar based e-KYC means it is a service provided by UIDAI for verification of an identity and address of Aadhaar holder. By using this facility, Income Tax Department will issue e-PAN instantly.This is equally valid like PAN card. Hence, you no need to bother. However, IT Department will not issue you the separate physical PAN card. You can download the e-PAN by visiting the eFiling portal of IT Department.Who can apply for e-PAN?This facility of e-PAN is applicable to resident individuals only (except minors and others covered U/S 160 of IT Act 1961). This facility is not applicable for HUF, Firms, Trusts and Companies.To avail this facility, you must have Aadhaar Card issued by UIDAI and also the mobile number must be linked with Aadhaar number. Because you will receive OTP to the registered number while applying.Your e-PAN will be generated using the data available with Aadhaar like Name, Date of Birth, Mobile number, and Address.Hence, it is important for you to cross check the Aadhaar details before applying for e-PAN.Also, foreign nationals are not eligible to avail this facility.How to avail instant e-PAN online at free?The process is completely paperless. There is no hardcopy sending process also. You have to upload the scanned image of the applicant.You have to visit the IT Department e-Filing portal.There you will find the new link “Apply instant e-PAN“. Once you click there, you will find the below screen.Here, you have to fill the details as it is in Aadhaar. Then they will send you OTP to your Aadhaar registered mobile number. You have to authenticate the same.After successful filling of e-PAN application, a 15 digit acknowledgement number will be generated and sent to your Aadhaar registered mobile number and to the Email ID which you mentioned in the application form.After successful e-PAN allotment, the applicant will receive the SMS/Email alert. After this process, you can download the e-PAN by visiting the e-Filing portal. Here, you have to click on “Instant e-PAN” link and then click on “Check Instant e-PAN Status”. Here, you have to validate by entering the acknowledgement number sent to your mobile or Email.I think this is the biggest relief to many individuals who are running behind middlemen or agents to avail their PAN card. This I think the huge relief to many. Let me know the user experience.Refer the complete post at “How to avail instant e-PAN online at free of cost?”.
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I'm looking for a solution to collect someone's signature online
Many businesses actively collect e-signature online while working with partners and customers in order to add one or more signatures to an already typed document by using some specialized tool that easily integrates into a document workflow.For many use cases, it is needed to sign an already typed document and avoid signing digital documents by hand - which is tedious otherwise cause you need to print, sign and scan all that stuff - that’s why such electronic signature tools are used - and, in this case, it is better to use a specialized tool, like Draw Your Signature Online and Sign PDF - ...
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