Are electronic signatures legal in Alaska?

What Alaska's act says

Alaska came to the Uniform Electronic Transactions Act later than most states. House Bill 285 became Chapter 110 of the 2004 session laws and took effect July 1, 2004. The same act repealed certain older Alaska statutes on electronic records and signatures. The act is AS 09.80.010–09.80.195.

• A record, signature or contract can't be denied legal effect just because it's electronic (AS 09.80.040(a)–(b)).
• An electronic record satisfies a law that requires a writing, and an electronic signature satisfies a law that requires a signature (AS 09.80.040(c)–(d)).
• Evidence can't be excluded from a proceeding just because it's electronic (AS 09.80.100).

The act applies only to transactions where each party has agreed to deal electronically, judged from the context and their conduct. Agreeing once doesn't bind anyone to the next deal, and that right can't be waived (AS 09.80.020(b)–(c)).

Alaska keeps ESIGN's consumer consent rules

The federal ESIGN Act lets a state that adopts UETA displace parts of it. Alaska chose not to for consumers: AS 09.80.010(c) says the act isn't intended to limit, modify or supersede 15 U.S.C. § 7001(c). So when a law requires you to give a consumer information in writing and you want to do it electronically, ESIGN's steps apply. Tell the consumer about their right to paper and how to withdraw, list what they need to open and keep the records, and get their consent in a way that shows they can open them. See consent to electronic records and our plain-English guide.

What's excluded in Alaska

• Wills, codicils and testamentary trusts (AS 09.80.010(b)(1)).
• The Uniform Commercial Code, except AS 45.01.306, sales (AS 45.02), leases of goods (AS 45.12) and, where AS 45.07 allows, documents of title (AS 09.80.010(b)(2)).
• Notices of utility shutoff; default, foreclosure or eviction involving a primary residence; and health or life insurance cancellation (AS 09.80.010(c)(1)).
• Product recall notices involving health or safety, and documents that travel with hazardous materials (AS 09.80.010(c)).

Those notice exclusions track the federal list in 15 U.S.C. § 7003. A record excluded here can still be electronic when another law governs it (AS 09.80.010(d)).

Remote notarization in Alaska

A notary located in Alaska may notarize for a remotely located person using communication technology (AS 44.50.075). The notary must verify identity, confirm the record is the one being signed, make an audiovisual recording and keep it for at least 10 years. Before the first remote act, the notary notifies the lieutenant governor. See remote online notarization. SignMaster doesn't notarize documents.

Practical notes for Alaska businesses

• Treat consumer notices carefully. Because ESIGN's consent steps apply, build them into any flow that sends required written notices to consumers.
• Let people keep a copy. A record the recipient can't print or save isn't enforceable against them (AS 09.80.050(c)).
• Keep the final version. An electronic record meets a retention rule if it accurately reflects the final record and stays accessible (AS 09.80.090).

Because Alaska kept ESIGN's consumer rules (AS 09.80.010(c)), consent is worth recording. In SignMaster, nobody signs before agreeing to sign electronically, and that agreement is saved with the version of the disclosure they read. Signers can download the completed PDF, and its certificate of completion lists each step with a timestamp.