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FAQs
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What it is the legal framework in India regarding electronic signatures?
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.
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Is SignNow an authorized tool for electronic signatures in India?
If you are looking to get legally compliant electronic signatures on contracts, invoices, quotes etc., try signNow, India’s first Aadhaar based eSign solution [ https://blog.getsignNow.com/news-announcements/esignature-aadhaar-india/?utm_medium=Community&utm_campaign=AwareAndAcquire_Generic&utm_source=Quora&utm_content=dec20_aadhaar_esign_blog ] that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go. Aadhaar eSign is a digital signature that combines the 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). Adding on to this Aadhaar based identity verification, Aadhaar eSign also creates a unique digital signature on the fly for that particular document execution using the Aadhaar ID. (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 [ https://blog.getsignNow.com/news-announcements/esignature-aadhaar-india/?utm_campaign=AwareAndAcquire_Generic&utm_content=dec20_aadhaar_esign_blog&utm_medium=Community&utm_source=Quora ]using your Aadhaar ID) To give you a better overview of the legal validity of electronic signatures in India - Indian law has recognized electronic signatures since the year 2000, with the passage of Information Technology Act (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. P.S: I work at signNow
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Is an e-signature legally valid and treated as valuable as an original signature in the court of law in India?
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
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What kinds of digital signature technologies are being used in India?
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 [ https://blog.getsignNow.com/news-announcements/esignature-aadhaar-india/?utm_medium=Community&utm_campaign=AwareAndAcquire_Generic&utm_source=Quora&utm_content=dec20_aadhaar_esign_blog ]: 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 [ https://blog.getsignNow.com/news-announcements/esignature-aadhaar-india/?utm_campaign=AwareAndAcquire_Generic&utm_content=dec20_aadhaar_esign_blog&utm_medium=Community&utm_source=Quora ]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) Given that all Indians now have an Aadhaar card with a unique ID, the easiest way to go about signing a contracts, invoices, or quote online - signNow, India’s first Aadhaar eSign solution [ https://blog.getsignNow.com/news-announcements/esignature-aadhaar-india/?utm_medium=Community&utm_campaign=AwareAndAcquire_Generic&utm_source=Quora&utm_content=dec20_aadhaar_esign_blog ] that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go. P.S: I work at signNow
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Why isn't there any robust electronic signature system in India that can be used across all government offices, including the pu
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)In fact, Aadhaar based electronic signatures are currently being leveraged by government authorities such as Ministry of Corporate Affairs, Department of Revenue, and Ministry of Finance.For example, the Department of Telecommunications recently issued detailed guidelines that allow telecom service providers to use the Aadhaar eKYC process to issue new mobile connections as an alternative to existing proof of identity.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.
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Can businesses sign contracts digitally in India using signNow's EchoSign service? Are they enforceable in a court of law in India
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.
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What documents in India require a digital signature?
To set the context - digital 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)Currently government authorities such as Ministry of Corporate Affairs, Department of Revenue, and Ministry of Finance are all accepting electronic records using electronic signatures.For example, the Department of Telecommunications recently issued detailed guidelines that allow telecom service providers to use the Aadhaar eKYC process to issue new mobile connections as an alternative to existing proof of identityFew of the exceptional cases in which digital signatures are not legally valid include:(i) Negotiable instruments such as a bill of exchange or a promissory note(ii) Powers of attorney(iii) Trust deeds(iv) Wills and any other testamentary disposition(v) Real-estate contracts such as leases or sales agreements.Given that all Indians now have an Aadhaar card with a unique ID, the easiest way to go about signing a contracts, invoices, or quote online - 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.
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Is electronic signature legally binding in India?
Yes, e-signatures are legally valid in India. In fact, e-signatures have been recognized by the Indian law, with the passage of the Information Technology Act in year 2000.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.Few of the exceptional cases in which documents cannot be signed electronically and must be executed using traditional handwritten signatures include:(i) Negotiable instruments such as a bill of exchange or a promissory note(ii) Powers of attorney(iii) Trust deeds(iv) Wills and any other testamentary disposition(v) Real-estate contracts such as leases or sales agreements.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.Here’s an informative ebook that will give you a brief overview of everything you need to know about electronic signature laws in some of the largest economies around the world: The Complete Guide to Electronic Signature Laws
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Is digital signature useful for an individual in India?
It goes without saying that, we spend a good amount of time signing, scanning and printing documents.Digital signatures allow you to get documents signed quickly. As per the IT Act, two types of signatures have the same legal status as handwritten signatures in India. 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)Given that all Indians now have an Aadhaar card with a unique ID, the easiest way to go about signing a contracts, invoices, or quote online - 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.
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