What are the requirements for an electronic signature to be valid? Is there guidance or a definition that meets the requirements of an electronic signature?

That's a very complicated question that turns on the type of signature you're talking about and, to a lesser degree, the state you're in. The two primary laws you need to look at are E-Sign (the Electronic Signatures in Global and National Commerce Act) and the versions of UETA (the Uniform Electronic Transfers Act) in effect in each state that you do business in. Your regulator may also have specific guidance that you need to follow.

The baseline rule, however, is that unless you're dealing with a consumer transaction, certain types of promissory notes, or certain types of enforcement actions (like foreclosure notices), an electronic signature is usually valid just like a paper signature.

Thank you!