Posts in: electronic signatures

Registering, amending, merging and dissolving a businesses is an important activity.

So, it’s significant that the Minnesota Secretary of State has not only embraced e-signatures, but gone above and beyond the requirements of other businesses and government entities.

They accept:

• a typed name at the bottom of the document in the usual space for the signature
• a reproduction of an actual signature
• a mark in lieu of a signature
• a printed signature either hand or machine-printed
• a stamp of a signature
• a digital signature of whatever kind

It’s the last sentence that is significant. They will accept a digital signature of whatever kind.  I don’t think that the organization that manages the state’s businesses would risk itself, if it were not 100 percent confident that e-signatures were enforceable.

The core component of any contract is 1. An offer, 2. Acceptance 3. Consideration. So, answering an email with “I accept” is considered a contract.

The reason why people seek legal signature tools is for an additional layer of security – to prevent repudiation. Repudiation is where someone says, “I didn’t sign this” or “the document has changed since I signed it.”  What the MN Sec of State’s actions mean is that they are confident that they can prevent repudiation with a stamp, reproduction, or digital signature of any kind.  That’s a vote of confidence for electronic signatures.

I was just trying out some e-signature companies. I always do a trial run before purchasing a product because I’d like to know how the recipient sees something.

I request a signature from a friend. He gets an email, requesting a signature and bam! He can’t sign it because:

“The creator of this contract doesn’t have enough credit to pay for your signature and has been notified of the situation.”

This is awkward. Good thing I tested it first. Otherwise, my client or business partner would see me as someone who either can’t afford to pay his bills or plan in advance.

If I don’t have enough credit, tell me before I send. Not after. If payment through shame is their approach, it didn’t work! I’m going elsewhere.

Never shame, humiliate, harm, scare or coerce your users. Ever.