Intent
The signer must take a deliberate action understood to be signing, not merely view the document.
Compliance basics
Electronic Signature Requirements
Legal recognition of electronic signatures is broad, but recognition is not the same as enforceability. Four practical requirements determine whether a specific electronic signature holds up.
Free · No credit card · No signing limits
Short answer
A valid electronic signature generally requires four things: intent to sign, demonstrated by a deliberate signing action; consent to conduct the transaction electronically, with specific disclosures where a consumer is involved; attribution linking the signature to a particular person; and an associated record that can be retained and accurately reproduced. These derive from the ESIGN Act and UETA. Meeting them is partly a software matter — audit trails, per-recipient links, tamper-evident records — and partly a process matter, since consent language and record retention are the sender's responsibility.
Consent
Parties must agree to transact electronically, and consumers require specific ESIGN disclosures.
Attribution and retention
The signature must be linkable to a person, and the record must remain reproducible.
Intent to sign
The signing action has to be unambiguous. A clearly labeled signature field that the recipient actively completes satisfies this; a checkbox buried in a page footer generally does not. The test is whether the person understood that the action constituted signing.
In Bond4Docs, each recipient is presented with the fields assigned to them and must complete every required field before they can submit. That structure produces a clear, deliberate signing act rather than a passive acknowledgement.
Consent to transact electronically
For business-to-business agreements, consent is usually implied by the parties' conduct in exchanging and signing the document electronically. Consumer transactions are stricter. Where a law requires that information be provided to a consumer in writing, ESIGN § 101(c) requires affirmative consent, disclosure of the right to withdraw consent and any conditions or fees, notice of whether consent covers a single transaction or an ongoing relationship, information about obtaining a paper copy, and a demonstration that the consumer can access the electronic format.
That last element is easy to miss and is a genuine compliance requirement, not a formality. If your workflow sends consumer disclosures, review the consent language with counsel rather than assuming the signing product handles it.
Attribution
Attribution connects the signature to a particular person. UETA § 9 provides that an electronic signature is attributable to a person if it was the act of that person, which may be shown in any manner, including the efficacy of the security procedure used.
Practical attribution evidence comes from the workflow: a unique link sent to a specific address, records of when it was opened, IP information, and the completion certificate binding all of it to the document. None of this is identity verification; it is circumstantial evidence, which is what most transactions actually rely on.
- Unique per-recipient signing links generated from cryptographically random tokens
- Delivery to a specific, named email address
- Timestamped open, complete, and submit events
- IP information captured with signing activity
- Two-factor authentication protecting sender accounts
Retention and reproduction
Both ESIGN and UETA condition the validity of an electronic record on it remaining accessible to those entitled to it and capable of accurate reproduction. In practice this means downloading completed documents and their completion certificates and storing them somewhere you control, under whatever retention schedule your business or regulator requires.
Direct answers
Frequently asked questions
What are the four requirements for a valid electronic signature?
Intent to sign, consent to conduct business electronically, attribution of the signature to a specific person, and retention of an associated record that can be accurately reproduced.
Do I need written consent before sending a document electronically?
For business agreements, consent is typically shown by the parties' conduct. For consumer transactions where a law requires information to be provided in writing, ESIGN sets out specific affirmative consent and disclosure requirements that must be met first.
Does Bond4Docs handle ESIGN consumer consent disclosures for me?
No. Bond4Docs provides the signing workflow and the evidence around it. The consent language and disclosures appropriate to your transaction are your responsibility, and should be reviewed by qualified counsel.
How long should I keep signed documents?
That depends on the document type, your industry, and applicable law. Bond4Docs lets you download the completed file and its completion certificate so you can retain them under your own schedule rather than depending solely on a vendor account.
Last reviewed .
Keep exploring
The ESIGN Act and UETA Explained
How the federal ESIGN Act and state UETA adoptions work together, what each covers, where they differ, and which transactions they exclude.
Learn moreAre Electronic Signatures Legally Binding?
Electronic signatures are legally recognized across the United States under the ESIGN Act and UETA, with specific exceptions. Learn what makes one enforceable.
Learn moreAudit Trails and Completion Certificates
What an e-signature audit trail records, what a completion certificate proves, and how hash-based tamper evidence makes later changes detectable.
Learn moreNo credit card required
Send your first document for free
Upload a PDF, add recipients, place fields, and start collecting electronic signatures without signing limits.
Create a free account