Are electronic signatures legal in Arizona?

What Arizona's act says

Arizona passed its version of the Uniform Electronic Transactions Act in 2000 (House Bill 2069). It's Title 44, Chapter 26 of the Arizona Revised Statutes, §§ 44-7001 to 44-7061. Section 44-7007 holds the core rules: a record, signature or contract can't be denied legal effect just because it's electronic, an electronic record satisfies a law requiring a writing or retention, and an electronic signature satisfies a law requiring a signature. Arizona also says "law" here includes a government agency's policy (§ 44-7007(E)).

An electronic signature is an electronic sound, symbol or process attached to or logically associated with a record and adopted by an individual with the intent to sign it (§ 44-7002). The act applies only when the parties have agreed to deal electronically, judged from context and conduct, and anyone can refuse the next transaction (§ 44-7005(B)–(C)).

Arizona's consumer contract rule

Section 44-7051 goes beyond the uniform act. A paper consumer contract can't authorize doing business electronically unless:

• the consumer separately and expressly agrees, on paper or electronically, that certain transactions will be electronic;
• the contract says which transactions can be electronic and how;
• the consumer agrees to give an electronic address; and
• the consumer agrees to report a new address or a withdrawal of consent.

A consumer who chose electronic records can later ask for paper for the rest of that transaction. Withdrawing doesn't undo records already delivered (§ 44-7051(B)). The federal ESIGN Act has its own consumer consent steps (15 U.S.C. § 7001(c)), and our plain-English guide explains how the two fit.

Secure electronic signatures

Arizona defines a secure electronic signature: one that a security procedure shows was unique to the signer, verifiable, under the signer's sole control and linked to the record so that any change invalidates it (§ 44-7031). A secure signature on a secure record carries rebuttable presumptions that the record wasn't altered and that the signature is the signer's (§ 44-7033). Without a secure signature or record, the act creates no presumption about authenticity (§ 44-7033(C)).

A separate article covers blockchain. A signature secured through blockchain technology counts as an electronic signature, and a contract can't be denied legal effect just because it contains a smart contract term (§ 44-7061). That article is narrower than the rest of the act: it applies only to Title 10 (corporations and associations) and to UCC sales, leases and documents of title (§ 44-7003(C)).

What's excluded in Arizona

• Creating and signing wills, codicils and testamentary trusts under Title 14 (§ 44-7003(B)(1)).
• Signing referendum and initiative petitions under Title 19, chapter 1 (§ 44-7003(B)(2)).
• Title 47, Arizona's UCC, except sales (chapter 2), leases of goods (chapter 2A), § 47-1306 and transferable records (§ 44-7003(B)(3)).

Remote notarization in Arizona

A notary located in Arizona may notarize for a remotely located individual using communication technology, after verifying identity and making an audiovisual recording (§ 41-263). That's part of the Revised Uniform Law on Notarial Acts, which has governed Arizona notaries since July 1, 2022 (§ 41-276). See remote online notarization. SignMaster doesn't notarize documents.

Practical notes for Arizona businesses

• Make e-sign consent its own step in any paper consumer contract.
• Let people keep a copy. A record the recipient can't print or save isn't enforceable against them (§ 44-7008(C)).
• Keep the final version. An electronic record meets a retention rule if it accurately reflects the final record and stays accessible (§ 44-7012).

Arizona's copy rule (§ 44-7008(C)) is easy to keep in view when every signer can download the finished PDF, as they can in SignMaster. The file ends with a certificate of completion recording each event and its time, and each signer's agreement to sign electronically is saved, with the disclosure version, before they sign.