Digital signing certificate - must we give copies?

Our bank will soon be offering electronic signing as an option to executing unsecured loan documents. Assuming the applicant consents to the electronic signing and executes the loan forms, they will have access to a copy of each form to save or print.

Our new e-sign software will record and retain a digital signing certificate (which keeps track of the date, time, IP address, etc.) detailing when each form was e-signed. Must this digital signing certificate also be available to every signer? Or, can we provide it to the applicants only when requested?

Thanks!

Anybody have an answer for this? I can't find the answer anywhere.

Thank you!

Not sure why you would have to give a copy of the digital signing certificate to the borrowers. You are the one that would need to prove that they signed the documents not them. Available on request should be fine.

Thank you!

I agree with Randy, but suggest that you check your consent and service agreement language to be sure you haven't contracted to provide these digital signing certificates. Although there's no legal obligation, you might have created one contractually.

Unless there is some state requirement, if as Richard says you created a requirement to disclose this, I'd work on removing that requirement. It creates work. If the borrower later contests the debt with a "that wasn't me defense" that's when you'll pull that out and say it was, because...