Are electronic signatures legal in Nebraska?

Where the law lives

Nebraska passed the Uniform Electronic Transactions Act in 2000 as Legislative Bill 929. Today it's Neb. Rev. Stat. §§ 86-612 to 86-643, and Nebraska gives each defined term its own section (§§ 86-614 to 86-629). The act applies to electronic records and signatures created on or after July 13, 2000 (§ 86-631).

1. 1

   Both sides agree to go electronic

   The act applies only when each party has agreed to transact electronically. Agreement is judged from the context and the parties' conduct (§ 86-632(2)).

2. 2

   The electronic signature counts

   If a law requires a signature, an electronic signature satisfies it. If a law requires a writing, an electronic record satisfies it (§ 86-634(3)–(4)).

3. 3

   The contract stands

   A contract can't be denied legal effect just because an electronic record was used to form it (§ 86-634(2)), and evidence can't be excluded just because it's electronic (§ 86-640).

Agreeing once doesn't lock anyone in. Under § 86-632(3), each party keeps the right to say no to the next electronic transaction, and no contract can take that right away.

What Nebraska excludes

Nebraska's exclusions are short (§ 86-630(2)). The act doesn't apply to the extent a transaction is governed by:

• A law governing the creation and execution of wills, codicils or testamentary trusts.
• The Uniform Commercial Code, other than Article 2 (sales of goods) and Article 2A (leases of goods).

Unlike many states, Nebraska doesn't carve back UCC sections 1-107 and 1-206; only Articles 2 and 2A stay inside the act. An excluded record can still be electronic if another law governs it and allows it (§ 86-630(3)).

Nebraska and the federal ESIGN Act

The federal ESIGN Act validates electronic signatures in interstate commerce (15 U.S.C. § 7001) and lets a state's UETA modify or supersede parts of it (§ 7002). ESIGN has a longer exception list, including family law, court documents and notices such as utility shutoffs and foreclosures, so be careful with those. When a law requires you to give a consumer information in writing, follow ESIGN's consumer consent steps (§ 7001(c)). Our plain-English guide walks through them.

Online notaries

When a law requires notarization, an electronic notarization satisfies it if the notary's electronic signature and required information are attached (§ 86-638). Nebraska's Online Notary Public Act (§§ 64-401 to 64-420) also lets a notary who completes an approved course and registers with the Secretary of State perform online notarial acts using an approved provider (§§ 64-404, 64-406). See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

• Spell out the agreement. A short e-sign clause in your contract is clear evidence of the agreement § 86-632 requires.
• Never block saving or printing. A record the recipient can't store or print isn't enforceable against them (§ 86-635(3)).
• Follow other delivery rules. If another law says a record must be posted, formatted or sent a certain way, do that (§ 86-635(2)).
• Keep a complete record. Retention rules are met by an electronic record that accurately reflects the final version and stays accessible (§ 86-639(1)).

For a complete record under § 86-639(1), store the signed PDF with its certificate of completion, which SignMaster adds to every finished document with a timestamp for each event. Signers can download the same file. Earlier on, each signer agrees to sign electronically, and SignMaster saves that agreement with the disclosure version they saw.