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E-SIGN - Use It Write or Not at All

More and more banks are implementing electronic delivery or are considering it for “low risk” documents like appraisal copies or e-statements. Electronic delivery is fast and it can be effective, but only if E-SIGN requirements are observed, where applicable. When the bank has sound E-SIGN procedures it has more control over its documents, more assurance that each party has seen them, and there is less risk to the bank, but only when done right!

Following sound E-SIGN procedures is essential and is not difficult. Done wrong, the bank could have more problems with uncollectable loans, lost collateral, nullification of deposit agreements, massive compliance violations stemming from undelivered disclosures, and more. The bank can’t just have an opt-in or check items off a list and assume it has met all its obligations. The bank must understand the implications of what it is doing and not blindly follow a checklist of steps.

E-SIGN procedures and compliance pillars should include presentation, acceptance and enforceability steps. These are three things the bank must be concerned with when writing E-SIGN procedures. These critical elements are necessary for an enforceable agreement and to avoid criticism from examiners.

What is “good enough” for the bank at the time electronic delivery is implemented may not be good enough for a court when the bank enforces an agreement or when examiners question the demonstrable consent process.

In this webinar we will look at--

  • How mistakes with E-SIGN compliance could jeopardize the validity of your contract with your customer;
  • The E-SIGN "hoops" that you must jump through, and for which customers;
  • Five categories of risk relating to your E-SIGN process that you may not have considered;
  • The differences between E-SIGN and the Uniform Electronic Transactions Act (UETA) and why this is important;
  • Selected published court opinions on E-SIGN we can learn from;
  • Common mistakes in E-SIGN compliance;
  • Some best practices;
  • And more!

WHO SHOULD ATTEND:
This information will be useful for everyone involved in e-banking, including compliance officers, risk managers, operations managers, business development, management, lenders, and loan operations personnel.

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