Are electronic signatures legal in Massachusetts?
Yes. Massachusetts adopted the Uniform Electronic Transactions Act as chapter 110G of the General Laws, so an electronic signature satisfies a law that requires a signature when both sides agreed to do business electronically.
Updated October 13, 2026 · 3 min read
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Massachusetts: at a glance
MA- E-signature law
- Massachusetts Uniform Electronic Transactions Act
- In effect since
- 2004
- Based on UETA
- Yes
- Remote notarization
- AllowedMass. Gen. Laws ch. 222, § 28
- Doesn't cover
- Wills, codicils and testamentary trusts (§ 3(b)(1))
- The UCC (ch. 106), except §§ 1-107 and 1-206 and Articles 2 and 2A (§ 3(b)(2))
- Adoption, divorce and other family law (§ 3(b)(3)(ii))
- Court orders, notices and official court documents (§ 3(b)(3)(iii))
- Notices of utility shutoff, and of default, foreclosure or eviction on a primary residence (§ 3(b)(3)(iv))
- Health and life insurance cancellation, excluding annuities (§ 3(b)(3)(v))
- Product recall or failure notices, and hazardous materials documents (§ 3(b)(3)(vi)–(vii))
Massachusetts at a glance
| Question | Answer |
|---|---|
| Does an e-signature meet a signature requirement? | Yes (§ 7(d)). |
| Does an electronic record meet a writing requirement? | Yes (§ 7(c)). |
| Can a contract be formed electronically? | Yes. It can't be denied effect just because an electronic record was used (§ 7(b)). |
| Do both sides have to agree? | Yes, judged from the context and their conduct (§ 5(b)). |
| Do ESIGN's consumer consent rules still apply? | Yes. Chapter 110G says it doesn't limit them (§ 3(b)(3)). |
| Are wills covered? | No (§ 3(b)(1)). |
How chapter 110G works with ESIGN
Massachusetts enacted its UETA as Chapter 133 of the Acts of 2003, approved November 26, 2003, and it took effect February 24, 2004. Unlike many states, it spells out its relationship with the federal ESIGN Act. Section 3(b)(3) says the chapter applies to transactions governed by ESIGN but isn't meant to limit, modify or supersede ESIGN's consumer consent section, 15 U.S.C. § 7001(c).
In practice: when a law says you must give a Massachusetts consumer information in writing, and you want to deliver it electronically, follow ESIGN's steps. Tell them their rights, get their consent electronically and confirm they can open the format you use. Our plain-English guide walks through them.
What's excluded in Massachusetts
Chapter 110G writes ESIGN's own exception list (15 U.S.C. § 7003) straight into state law. It doesn't apply to the extent a transaction is governed by:
- Laws on creating and signing wills, codicils or testamentary trusts.
- The Massachusetts UCC (chapter 106), except §§ 1-107 and 1-206 and Articles 2 and 2A.
- Adoption, divorce and other family law matters.
- Court orders, notices and official court documents, including briefs and pleadings.
- Notices of utility shutoff, and of default, repossession, foreclosure, eviction or the right to cure on a primary residence.
- Cancellation of health insurance or life insurance benefits (annuities aside).
- Product recalls or failures that risk health or safety, and documents that must travel with hazardous materials.
Excluded doesn't automatically mean paper only. It means chapter 110G isn't what validates the electronic version, so check the law that governs that document (§ 3(c)).
Notarization
If a law requires notarization, an electronic notarization works when the notary's electronic signature and required details are attached to the record (§ 11). Massachusetts law also lets a notary located in the state notarize for a remote signer over live audio and video (G.L. c. 222, § 28), but not for wills or election records, and only after the notary registers with the Secretary of the Commonwealth. Ask your notary whether they're set up for it. SignMaster doesn't notarize documents.
Keeping good records
- Give a copy the signer can keep. A record the recipient can't print or store isn't enforceable against them (§ 8(c)).
- Respect delivery rules. If another law says a record must be sent a specific way, chapter 110G doesn't change that (§ 8(b)).
- Keep the final version accessible. An electronic record meets a retention rule if it accurately reflects the final document and stays accessible for later reference (§ 12(a)).
- Be able to show who signed. Under § 9(a), a signature belongs to the person whose act it was, and you can prove that any way, including through the security procedure applied.
For § 12(a), keep the signed PDF itself, not just an email saying it was signed. SignMaster lets signers download the completed document, with a certificate of completion at the end that logs each step and its time. Before anyone signs, they agree to sign electronically, and SignMaster records that consent and the disclosure version they saw.
Questions? Answers.
Can I sign a lease electronically in Massachusetts?
The lease itself, yes, when both sides agree (§ 5(b)). It isn't on the § 3 exclusion list. Notices of default, foreclosure or eviction under a rental agreement for a primary residence are (§ 3(b)(3)(iv)), so those go out the way the law behind them says.
Can a will be signed electronically in Massachusetts?
No. Chapter 110G steps aside for the laws on making wills, codicils and testamentary trusts (§ 3(b)(1)), and a remote notary can't handle a will either (G.L. c. 222, § 28(c)). An estate attorney can walk you through signing one.
Do I need extra consent from Massachusetts consumers?
When a law requires you to give a consumer information in writing and you deliver it electronically, yes. Chapter 110G leaves ESIGN's consumer consent rules in place (§ 3(b)(3)).
Sources
- Mass. Gen. Laws ch. 110G, Uniform Electronic Transactions Act · malegislature.gov
- Mass. Gen. Laws ch. 110G, § 3 (application and exclusions) · malegislature.gov
- Mass. Gen. Laws ch. 222, § 28 (remote notarial acts) · malegislature.gov
- St. 2003, c. 133, An Act Facilitating Electronic Transactions (approved Nov. 26, 2003) · malegislature.gov
- Massachusetts ITD, MUETA frequently asked questions (effective date Feb. 24, 2004) · mass.gov
- Uniform Law Commission, Electronic Transactions Act (enactment history) · uniformlaws.org
- 15 U.S.C. § 7001, ESIGN Act general rule of validity (govinfo) · govinfo.gov
- 15 U.S.C. § 7003, ESIGN Act exceptions (govinfo) · govinfo.gov
General information, not legal advice. Laws change, and how they apply depends on your situation. For advice about a specific document, talk to a lawyer licensed in your state.