Are electronic signatures legal in Minnesota?

What chapter 325L says

Chapter 325L is Minnesota's version of the Uniform Electronic Transactions Act, passed in 2000 (Laws 2000, chapter 371). It applies to electronic records and signatures created on or after August 1, 2000 (§ 325L.04). The core rules are the uniform ones:

• A record or signature can't be denied legal effect or enforceability solely because it's electronic (§ 325L.07(a)).
• If a law requires a writing, an electronic record satisfies it, and if a law requires a signature, an electronic signature satisfies it (§ 325L.07(c)–(d)).
• The chapter applies only when the parties have agreed to transact electronically, judged from the context and their conduct (§ 325L.05(b)).
• In a proceeding, evidence of a record or signature can't be excluded solely because it's electronic (§ 325L.13).

Minnesota's specific exclusions

Most UETA states exclude only wills and parts of the UCC. Minnesota goes further. Chapter 325L doesn't apply to the extent a transaction is governed by (§ 325L.03(b), (e)):

• Wills, codicils and trusts, except trusts for business, commercial or governmental purposes.
• The Uniform Commercial Code, except section 336.1-306 and Articles 2 and 2A.
• Health care directives: the requirements for creating one (§ 145C.03, subd. 1).
• Real estate recording: the requirements for recording a conveyance, power of attorney or other instrument affecting real estate (§ 507.24).
• Statutory short form powers of attorney: the requirements for creating one (§ 523.23, subd. 3).
• Mental health treatment declarations: the requirements for creating a declaration about intrusive mental health treatment (§ 253B.03, subd. 6b).

How it fits with the federal ESIGN Act

For a typical business contract, the federal ESIGN Act leads to the same answer: it gives e-signatures effect in interstate and foreign commerce (15 U.S.C. § 7001). When a law requires you to give a consumer information in writing, follow ESIGN's consent and disclosure steps before delivering it electronically (§ 7001(c)). Our plain-English guide explains how the two fit together.

Remote online notarization

Minnesota notaries who register with the Secretary of State as remote online notaries may notarize over communication technology while they're physically in Minnesota (§ 358.645, subd. 2–3). The signer can be in Minnesota, elsewhere in the U.S., or abroad under set conditions. See remote online notarization. SignMaster doesn't notarize documents.

Running a paperless business in Minnesota

• Confirm agreement. Agreement can come from conduct, but an e-sign clause in your contract gives you written evidence of it (§ 325L.05(b)).
• Send copies people can keep. A record the recipient can't print or store isn't enforceable against them (§ 325L.08(c)).
• Keep the final record. It satisfies a retention law if it accurately reflects the final version and stays accessible (§ 325L.12(a)).
• Record who signed. Section 325L.09(a) ties a signature to the person whose act it was. Anything that shows that act counts, including the security procedure.

For the documents chapter 325L does cover, SignMaster keeps the paper trail. Each signer agrees to sign electronically before signing, and that agreement is recorded with the disclosure version they saw. The finished PDF carries a certificate of completion with a timestamp for every event, and signers can download their copy.