Are electronic signatures legal in Indiana?

What IC 26-2-8 says

Indiana enacted the Uniform Electronic Transactions Act in 2000 (P.L. 62-2000). It applies to electronic records and signatures created, sent or stored after June 30, 2000 (IC 26-2-8-302). Indiana's recognition section, IC 26-2-8-106, is a little broader than the uniform text:

• A record or signature can't be denied legal effect or enforceability just because it's electronic.
• A contract can't be denied legal effect because an electronic record or electronic signature was used to form it.
• If a law requires a writing, or provides consequences if there isn't one, an electronic record satisfies it.
• If a law requires a signature, or provides consequences without one, an electronic record that includes an electronic signature satisfies it.

An electronic signature is an electronic sound, symbol or process attached to or logically associated with an electronic record and adopted with intent to sign (IC 26-2-8-102). Evidence can't be excluded just because it's electronic (IC 26-2-8-112).

Agreement, and a rule for business entities

As in every UETA state, the act applies only between parties who have agreed to deal electronically, judged from context and conduct, and anyone can refuse to do the next transaction electronically (IC 26-2-8-104(b)–(c)).

Indiana adds a presumption for companies. A business entity and its constituents, such as shareholders or members, are presumed to have agreed to conduct organic actions electronically, unless the entity's governing documents limit it or the entity specifies another method (IC 26-2-8-104(b)). Records sent to a constituent's designated electronic address are properly sent, and a notice is effective when sent.

Health information

IC 26-2-8-116, added in 2005, confirms that electronic signature authentication may be used for agreements and records involving individually identifiable health information: medical records, billing, health care directives, consent to treatment and more. It describes security procedures such as biometric identifiers and says it doesn't override HIPAA or 21 CFR Part 11. If you handle health records, those federal rules still apply on top.

What's excluded in Indiana

• Wills, codicils and testamentary trusts (IC 26-2-8-103(b)(1)).
• The Uniform Commercial Code (IC 26-1), except IC 26-1-1-107, IC 26-1-1-206, and the sales and leases chapters, IC 26-1-2 and IC 26-1-2.1 (IC 26-2-8-103(b)(2)).
• Laws a governmental agency has specifically excluded under IC 26-2-8-201 and 202 (IC 26-2-8-103(b)(3)).

Indiana and the federal ESIGN Act

Across state lines, the federal ESIGN Act does the same job (15 U.S.C. § 7001). Two of its rules matter here: some notices, like utility shutoffs and foreclosures or evictions on a primary residence, stay outside it (§ 7003), and consumers must consent before you deliver required information electronically (§ 7001(c)). Our guide to e-signature law walks through both.

Remote notarization

When a law requires notarization, the notary's electronic signature and required information satisfy it (IC 26-2-8-110). Indiana also lets registered remote notaries public perform notarial acts by audio-video, under IC 33-42-17, which applies to remote notarial acts performed after July 1, 2020, or earlier if the Secretary of State's rules took effect first (IC 33-42-17-1). See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

• Get the agreement. For customers, a clause saying both sides agree to sign electronically helps show agreement under IC 26-2-8-104.
• Let people keep a copy. When a law requires information in writing, a record the recipient can't print or store doesn't count (IC 26-2-8-107).
• Keep the final version. It must accurately reflect the document and stay accessible (IC 26-2-8-111).

Every SignMaster signer can download the finished PDF, so they have a copy to print or store. It closes with a certificate of completion that lists each event by time, and before signing, each signer agrees to sign electronically, which SignMaster records.