1. What the ESIGN Act and UETA are
The ESIGN Act is the federal statute that recognizes electronic signatures, contracts, and records nationwide. Its core rule, at 15 U.S.C. §7001(a), is that “a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form” — the principle of functional equivalence between a paper document and an electronic one.
The UETA fills in most of the operative details at the state level: how an “electronic signature” and an “electronic record” are defined, how a signature is attributed to the person who made it, and when an electronic record satisfies a legal requirement that something be “in writing.” It has been adopted, with only minor variations, in 49 states and the District of Columbia; New York relies on its own analogous law (ESRA) instead of UETA.
Neither the ESIGN Act nor UETA require a licensed or government-accredited certificate authority, a specific cryptographic algorithm, or a particular vendor. What both laws require is that the signer intended to sign, consented to transact electronically, and that the signature can be reliably attributed to them — requirements Kligrafia is built to satisfy on every envelope.
2. What kind of signature Kligrafia produces
Every signature completed on Kligrafia is an electronic signature in the sense of ESIGN §106(5) and UETA §2(8): an electronic sound, symbol, or process attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record. Kligrafia is not a notary public, and using it does not constitute notarization or Remote Online Notarization (RON) of a document.
Electronic signature (Kligrafia)
Methods such as a one-time verification code, a password, or biometric identity checks, associated with the record, that identify the signer and evidence their intent to sign and their consent to transact electronically. No licensed certificate authority and no notary commission required.
Notarization / Remote Online Notarization (RON)
A distinct service performed by a commissioned notary public — in person, or, for RON, through a state-approved online notarization platform — who verifies identity and witnesses the signing under a notarial certificate and seal. A different service than the one Kligrafia provides today; for acts that expressly require notarization, you must use a commissioned notary.
3. Intent to sign and consent to transact electronically
For an electronic signature to be valid under the ESIGN Act and UETA, the signer must have intended to sign the record and consented to conduct the transaction electronically. When another law requires that certain information be provided to a consumer “in writing,” the ESIGN Act also requires a separate consumer-consent procedure (15 U.S.C. §7001(c)) before that information can be delivered electronically. Here is how Kligrafia implements each requirement:
| Requirement (ESIGN Act / UETA) | Technical mechanism in Kligrafia |
|---|---|
| Intent to sign | An explicit consent clause, displayed before signing, confirming the signer intends to sign and is reviewing the document of their own free will. The exact text version and the timestamp of acceptance are recorded in the envelope's audit chain. |
| Consent to transact electronically | The same consent clause, plus — only when the sender opts a given envelope into it — a dedicated ESIGN §101(c) consumer-disclosure screen that the signer must read and affirmatively acknowledge before signing. |
| Attribution to the signer | A unique per-signer access token plus a one-time verification code (OTP) sent to the signer's registered email or phone; identity verification (KYC) with a government-issued photo ID (driver's license or passport), OCR, and biometric liveness checks when the envelope's level requires them. |
4. Attribution and the audit trail
Beyond intent and consent, a signature needs to hold up as evidence — that it can be attributed to the right person and that any later tampering can be detected. Kligrafia builds that record automatically on every envelope: a SHA-256 hash of the document at every state change, a v2 audit chain that links every event on the envelope end to end, a PAdES cryptographic seal applied to the final PDF, and a trusted timestamp issued by a timestamping authority (TSA) under the RFC 3161 standard.
Together, this chain of evidence is built to meet the authentication standard of Federal Rule of Evidence 901 — the rule a U.S. court applies to decide whether an electronic record is what it claims to be before admitting it as evidence.
5. Evidentiary value
Under ESIGN Act §7001(a), a signature, contract, or other record may not be denied legal effect, validity, or enforceability solely because it is in electronic form — an electronic signature completed on Kligrafia carries the same legal effect as a handwritten one.
The Evidence Report Kligrafia generates for every signature gathers the technical record of the signing act — verified identity, document integrity, a trusted timestamp, and the full chain of events — and is designed to be independently verifiable by any third party, including a court or opposing counsel, without relying solely on Kligrafia's word.
6. What you should not sign electronically
An electronic signature does not replace the formalities that other federal or state laws expressly require for certain acts. Before signing on Kligrafia, keep in mind:
Wills, codicils, and testamentary trusts
ESIGN Act §103(a)(1) excludes wills, codicils, and testamentary trusts. These require a handwritten signature under applicable state law.
Family law matters
Adoption, divorce, and other matters governed by state family law are excluded under ESIGN Act §103(a)(2).
UCC documents beyond Articles 2 and 2A
ESIGN Act coverage of the Uniform Commercial Code is limited to Article 2 (Sales) and Article 2A (Leases). Other UCC-governed instruments, such as negotiable instruments and letters of credit, are excluded.
Court orders, notices, and official court documents
Pleadings, orders, and other documents required to be executed in connection with court proceedings are excluded and must follow the applicable court rules.
Notices affecting essential services and housing
Notices of cancellation or termination of utility service (water, heat, power), and notices of default, acceleration, repossession, foreclosure, or eviction under a rental agreement for a primary residence, are excluded.
Insurance and product-safety notices
Notices of cancellation or termination of health or life insurance benefits, and product recall notices or notices of a material failure of a product that risks endangering health or safety, are excluded.
Hazardous materials transport documents
Documents required by law to accompany the transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials are excluded.
When in doubt, consult a U.S.-licensed attorney before signing a high-sensitivity document electronically.
7. Public verification
Anyone — including a judge, an expert witness, or a counterparty who denies having signed — can verify the authenticity of a document signed on Kligrafia at /verify, with no account required and without relying solely on our word: the document hash, the trusted timestamp, and the audit chain are all independently verifiable.
Electronic signature under the ESIGN Act and UETA (United States). Admissibility: FRE 901.
Issuer of signatures produced for the United States
Those Who Build Dreams, Inc. — Austin, TX. [U.S. registered address — pending]. See the full contracting-party details in Terms of Service — United States.
Statutes cited in this document
- ESIGN Act (Electronic Signatures in Global and National Commerce Act), 15 U.S.C. §7001 et seq. — Federal law: an electronic signature, contract, or record may not be denied legal effect solely because it is in electronic form.
- UETA (Uniform Electronic Transactions Act), as adopted in the applicable state — State-law counterpart to the ESIGN Act, adopted by 49 states; New York uses its own analogous statute, ESRA (Electronic Signatures and Records Act), instead.
- Federal Rules of Evidence, FRE 901 — Authentication standard for admitting electronic records and signatures as evidence.