Are electronic signatures legal in Illinois?

Illinois is one of the newest UETA states

For two decades Illinois was one of the few states without the Uniform Electronic Transactions Act. It had its own Electronic Commerce Security Act (5 ILCS 175) instead. That changed with Senate Bill 2176, which became Public Act 102-0038 on June 25, 2021 and took effect immediately. It created the Uniform Electronic Transactions Act at 815 ILCS 333 and repealed the Electronic Commerce Security Act in the same law.

The new act applies to electronic records and signatures created, sent or stored on or after its effective date (815 ILCS 333/4). If you're relying on an electronic record from before mid-2021, the old act's rules may still matter, so ask an attorney.

What the Illinois act says

• A record or signature can't be denied legal effect just because it's electronic (333/7(a)).
• A contract can't be denied legal effect just because an electronic record was used to form it (333/7(b)).
• An electronic record satisfies a law that requires a writing, and an electronic signature satisfies a law that requires a signature (333/7(c)–(d)).
• Evidence of a record or signature can't be excluded in a proceeding just because it's electronic (333/13).

The definition turns on intent, not method, so a typed name, a drawn signature or a click can qualify.

Agreement and copies

The act covers only transactions where each party has agreed to do business electronically, judged from context and conduct (333/5(b)). A party can still refuse to do the next transaction electronically, and that right can't be waived (333/5(c)). When a law requires information in writing, an electronic copy counts only if the recipient can print or store it (333/8).

What's excluded

• Wills, codicils and testamentary trusts (333/3(b)(1)).
• The Uniform Commercial Code, except Sections 1-107 and 1-206 and Articles 2 and 2A, which cover sales and leases of goods (333/3(b)(2)).

Illinois didn't add state-specific exclusions to the act. Other laws that set their own signing or delivery rules for a particular document still apply (333/3(d)).

Illinois and the federal ESIGN Act

The federal ESIGN Act already covered electronic signatures in interstate commerce (15 U.S.C. § 7001). Section 20.5 of the Illinois act says it modifies, limits or supersedes ESIGN as 15 U.S.C. § 7002 allows. For consumer notices that a law requires in writing, follow ESIGN's consent steps too. Our e-signature law guide has the federal details.

Electronic and remote notarization

If a law requires notarization, the notary's electronic signature plus the required information satisfies it (333/11). Separately, Public Act 102-160 updated the Illinois Notary Public Act, effective June 5, 2023, to allow remote notarial acts over audio-video (5 ILCS 312/6-102.5) and electronic notarial acts for remotely located people (5 ILCS 312/Art. VI-A). See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

Get each party's agreement to sign electronically, give signers a copy they can keep, and store the final version so it stays accurate and accessible (333/12). In SignMaster, agreeing to sign electronically is a step every signer completes before signing, and it's recorded. Signers can then download the completed PDF, with a certificate of completion listing every timestamped event.