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Re: Faxed Signatures

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On 29 Aug 2005 at 20:06, Rich Lewis wrote:

> 
> I sometimes work with Agreements that are faxed with signatures.I seem
> to recall someone once said an agreements or contract that contains
> only faxed signatures are not valid.
> 
> Do others on the list work with faxed signatures, or do you always
> require an original signature?
> 
> Thanks.
> 
> Rich

It really depends on the state laws where you live and where you are
contracting to do the work, if in another state than where you live.  I
lived in Utah for awhile and when we sold our house, we signed the
closing documents in front of a Notary Public and faxed them back.
These papers were legal documents to execute the transfer of owner-
ship of our house to the new owners, and the fax was legally binding.

Many states have passed laws allowing for electronically reproduced
signatures to be legally binding. The following is the law in Idaho as
pertaining to electronic, faxed,  scanned, e-mailed signatures or
documents.

 			 TITLE  28
                           COMMERCIAL TRANSACTIONS
                                  CHAPTER 50
                     UNIFORM ELECTRONIC TRANSACTIONS ACT
    28-50-107.  LEGAL RECOGNITION OF ELECTRONIC RECORDS, 
ELECTRONIC SIGNATURES
AND ELECTRONIC CONTRACTS -- ELECTRONIC TRANSMITTAL IN LIEU OF 
CERTIFIED MAIL.
(a) A record or signature may not be denied legal effect or enforceability
solely because it is in electronic form.
    (b)  A contract may not be denied legal effect or enforceability solely
because an electronic record was used in its formation.
    (c)  If a law requires a record to be in writing, an electronic record
satisfies the law.
    (d)  If a law requires a signature, an electronic signature satisfies the
law.
    (e)  If a law requires any notice or other record to be sent by certified
mail, the record may, with the express consent of the recipient, be
transmitted electronically.


So, check you state law and see what it says regarding electronic signatures.

Take Care,
Lloyd Pack


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