eSignature Legality Guide

None.

Electronic signatures that can verify the identity of the signer and confirm that the signature was made by that individual are considered valid under the Digital Signature Act. The law states that the validity or enforceability of an electronic signature as a signature, signature and seal, or name and seal cannot be denied simply because it is in electronic form. If laws, regulations, or agreements between parties allow for electronic signatures to serve as a valid signature, signature and seal, or name and seal, then such signatures are legally effective.

For certified electronic (digital) signatures, the Digital Signature Act provides and publishes Guidelines on Electronic Signature Certification Services. Enhanced electronic (digital) signatures can be certified if they meet the requirements set out in these Guidelines.

With the exception of surety contracts, most contracts can be executed using electronic signatures.

There are generally no legal limitations on the use of electronic signatures.

For corporate resolutions, electronic signatures are generally allowed for minutes of shareholder meetings or board meetings. However, if the resolution involves a “registrable matter” and the documents must be filed with a corporate registration court, personal or corporate seals are typically required instead of electronic signatures. Using electronically signed minutes for such registrations may create challenges in preparing the necessary documents.

Additionally, since government filings are considered official documents rather than contracts, the acceptance of electronic signatures for these documents is at the discretion of the relevant government authority, even though there are no explicit legal prohibitions.