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#2248635 - 02/03/21 06:58 PM E-Sign When Laws are Silent
NoJustNo Offline
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Joined: Oct 2013
Posts: 188
Midwest
Many of the laws that require the delivery of disclosures are don't reference E-Sign - that doesn't meant that you can't accomplish providing a document electronically (via an E-Sign compliant system), right?

How do others handle the delivery of State required documents/disclosures - do you feel can those be delivered electronically?

I realize this is also a question for legal counsel.

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#2248643 - 02/03/21 07:52 PM Re: E-Sign When Laws are Silent NoJustNo
Richard Insley Online
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Richard Insley
Joined: Oct 2000
Posts: 9,995
Toano, VA
Don't look for the mention of ESIGN in other laws/regs requiring disclosures. Mention of ESIGN isn't what's important.

What is important is any requirement that one or more of those disclosures must be provided "in writing" or in "written" form. Look at the delivery requirements of each federal law/reg. Wherever you find a "must-be-in-writing" requirement, that means you MUST deliver that particular disclosure in one of two ways: paper or ESIGN-compliant documents. If a disclosure is required, but there's no mention of "written", then any method is legal--including (but not limited to) ESIGN-compliant documents.

Disclosures required by state or local laws/regs/ordinances must be evaluated the same way. Look at the general delivery requirements and determine the standard. Unless there's an "in writing' requirement, then anything goes. One significant difference for state/local disclosures should be the option to use either ESIGN or your state's UETA as the legal basis for demonstrating compliance with rules requiring "written" delivery.
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