E-Sign and UETA
Answer by Andy Zavoina, BOL Guru Guru Bio
Question: What is the difference between E-sign and UETA?
Answer: The electronic signatures in the Global National Commerce Act is a federal law and should be followed when you you are meeting federal requirements. These include disclosure requirements under the federal banking regulations like B, E, M, Z and DD. The Uniform Electronic Transactions Act is approved at the state level, much like your Uniform Commercial Code is. UETA was authored by the same entity that brought us the UCC in fact, the National Conference of Commissioners on Uniform State Laws. This should be followed when complying with state requirements, like contract issues. While both are involved in the electronic delivery of written documents, E-sign has more qualifications or requirements on the bank side of the transaction. Most notably there are seven items in E-sign's Section 101(c). One of these is demonstrable consent and it is often the most misunderstood and the most cumbersome to comply with. UETA does not have these requirements.
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