I'm currently developing one of my own, but for comparison purposes, does anyone have a sample form they use at application for customers to sign, requesting emailed documents?

We have just signed up for a program that will allow us to send documents compliant with E-Sign, but they do not provide a sample application document.

I'm sorry - application for what?? Are your loan applications electronic??

Our loan applications - which are still completed in person with a loan officer.

We will be using the E-Sign compliant product for both consumer and commercial real estate to assist in tracking e-delivery of TRID documents and completed appraisals.

So back to my original question, does anyone else, without an electronic application, have a sample form (used at application time) that a customer you have customers complete to request documents be delivered via email?

But a signed form does not get you into compliance with e-sign.

doyoucanoe - exactly. Hence my question, you cannot authorize E-Sign with pen and paper - you can only do it electronically.

We're struggling to understand what "documents" are included in this project. Can you list a few of the items you want to handle this way? Are the targeted recipients mostly consumers, or mostly commercial customers (you mentioned both)?

We tried to get approval for an authorization to email documents also. Our examiner told us that the customer needs to demonstrate consent. They have to go out and get the documents through an embedded link.

This topic is not ripe for discussion until we know what kind of documents we are talking about!

RICHARD: I'm referring to "documents" as meaning required disclosures that must be given to the customer in writing, mainly; but we'll also use the new system for other delivery due to tracking capability.

OTHERS: The software we're using embeds a link, once the customer clicks on that link, the following Notice of Consent prompts on their screen which they must either "Accept" or "Decline":

"The document sender LENDER NAME has sent you a document to sign through the 3RD PARTY COMPANY NAME electronic signature system. In compliance with the U.S. Electronic Signatures in Global and National Commerce Act, known as the E-Sign Act, 3RD PARTY COMPANY NAME is providing you with the following information regarding your decision to receive information in electronic form........."

The notice includes system requirements, etc. We are then notified, and have audit trail, if the shows customer accepts or declines.

Is this not in compliance?

Maybe I read something into your original post that was never there. Are you developing a home-grown e-delivery system in addition to purchasing a commercially-developed system?...OR...are you simply trying to develop a service-request form to be used as a front end for the commercial system?

My original post was, if anybody has a form they use to request the customer's email if they are agreeing to receive documents (disclosures, etc) via email.

The software we will subsequently use takes care of the affirmative consent requirement.

I apologize for the confusion.

You need a form to request their e-mail address?? No wonder everyone was confused. Geez - just ask them if they would like to get their documents electronically and write it down somewhere. What do you need a form for? A form isn't good for anything. They still have to go through the electronic consent handshake before anything electronically happens.

I apologize for the post then as well, RL....

If anyone cares to respond with a sample of what their bank uses for customers to provide their e-mail when they are requesting loan documents to be delivered electronically, please feel free to PM me. I would appreciate it for comparison purposes.

I enjoy using BOL as a resource to reach out to other experienced bankers for questions/conversations that arise from my staff, especially when my financial institution is embarking on something new (such as implementing an electronic delivery system compliant with E-sign).

Our loan applications have a place for the applicant to enter their email address.

I really don't understand why you need an additional form for the applicant to complete. If you are looking for an "authorization" form then that's the purpose of the disclosure. Once they receive the disclosure they give their demonstrable consent to receive the documents electronically.

If this is not what you are looking for then could you please be more specific on what type of information you are looking for to be included on the form?

Form:

If you would like to sign up for electronic delivery of future disclosure information, please provide us your e-mail address so that we may send you the instructions on how to complete the sign-up process

E-Mail_______________________________


Is that what you are asking???