We would like to provide our Online Banking Agreement and Disclosure (which contains the required Regulation E disclosure information) electronically to customers who sign-up for on line banking. Per E-sign, "prior" to providing an electronic disclosure, the customer must affirmatively consent. To this end, can the Online Banking Agreement be combined with the E-Sign disclosure and consent in one document? In this case they won't be consenting prior to receiving the electronic disclosure but in conjunction with the electronic disclosure.

Is this acceptable and how it is usually done?

Thanks.

All Reg. E disclosures must be "in writing". That means you must provide them on paper or go through the ESIGN process in order for e-delivered documents to be considered "written." Your question doesn't mention the "demonstrable" part of the consent process and suggests that paper documents would be used to obtain consent. Paper consent is inadequate. It must be electronic and must be handled in a way that demonstrates the customer's ability to access and read Reg. E disclosure documents when you submit them to the customer. Also, you must observe Reg. E's timing requirements.