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ARTICLE · 08 APRIL 2020

E-Signatures And Remote Notarization In The Time Of COVID-19

Jones Day
Jones Day
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Electronic signatures can take many forms, including PDFs, screenshots or photographs of "wet ink" signatures, digital signatures executed with the assistance of software, and typed names in...

United StatesTechnology
Sheel A. Patel
Sheel A. Patel
Lauri W. Sawyer
Lauri W. Sawyer
Mauricio Paez
Mauricio Paez
Brian D. Trudgen
Brian D. Trudgen
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In Short

The Situation: The novel coronavirus (COVID-19) has prompted a sharp rise in electronic transactions, but contracting parties must be mindful of the requirements for electronic signatures and remote online notarization.

The Problem: While electronic signatures are valid in most circumstances, there are important exceptions, and only 22 states currently permit remote notarization by statute.

Looking Ahead: The legal landscape is evolving quickly. Two U.S. Senators introduced a federal bill to immediately allow remote notarization nationwide, and three states have already taken emergency action.

Electronic Signatures

Electronic signatures can take many forms, including PDFs, screenshots or photographs of "wet ink" signatures, digital signatures executed with the assistance of software, and typed names in emails or at the end of text messages. 

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