Are electronic signatures legal in New Hampshire?

What RSA 294-E says

New Hampshire enacted the Uniform Electronic Transactions Act in 2001 (Laws 2001, chapter 265), effective September 11, 2001. The central rule is RSA 294-E:7:

• A record or signature may not be denied legal effect or enforceability solely because it's electronic.
• A contract may not be denied legal effect solely because an electronic record was used in its formation.
• An electronic record satisfies a law requiring a writing, and an electronic signature satisfies a law requiring a signature.

The act applies only to transactions between parties who have each agreed to conduct them electronically, judged from the context and their conduct (RSA 294-E:5, II). The right to turn down the next transaction can't be waived (RSA 294-E:5, III). In a proceeding, evidence can't be excluded solely because it's electronic (RSA 294-E:13).

New Hampshire keeps ESIGN's consumer protections

Many states let their UETA displace parts of the federal ESIGN Act. New Hampshire said the opposite. RSA 294-E:3, IV states that the chapter isn't intended to modify, limit or supersede ESIGN's sections on consumer consent, record retention and accuracy (sections 101(c), (d) and (e)), or to authorize electronic delivery of the notices ESIGN excludes in section 103(b).

In practice, two things follow. First, when a law requires you to give a New Hampshire consumer information in writing, follow ESIGN's consent and disclosure steps before delivering it electronically (15 U.S.C. § 7001(c)). Second, don't rely on RSA 294-E for the notices on ESIGN's list (15 U.S.C. § 7003(b)): court orders and official court documents, utility shutoffs, default, foreclosure or eviction on a primary residence, health or life insurance cancellation, dangerous product recalls, and hazardous materials documents. Our plain-English guide explains the federal side.

What's excluded

The chapter's own exclusions are the uniform ones (RSA 294-E:3, II):

• A law governing the creation and execution of wills, codicils or testamentary trusts.
• The Uniform Commercial Code, other than sections 1-107 and 1-206 and Articles 2 and 2A (sales and leases of goods).

If an excluded record is governed by some other law, RSA 294-E can still apply to it (RSA 294-E:3, III).

Remote notarization

When a law requires notarization, the notary's electronic signature with all required information attached satisfies it (RSA 294-E:11). Since February 6, 2022, a notary located in New Hampshire may also notarize for a remotely located individual using communication technology, with identity proofing and a check that the record is the same one signed (RSA 456-B:6-a). See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

• Put the agreement in writing. A clause saying both sides agree to sign electronically is good evidence of agreement under RSA 294-E:5.
• Don't block saving or printing. A record the recipient can't store or print isn't enforceable against them (RSA 294-E:8).
• Keep the final version. An electronic record meets a retention rule if it accurately reflects the final document and stays accessible (RSA 294-E:12).
• Keep proof of who signed. RSA 294-E:9 lets you tie a signature to a person through any evidence of their act, such as the security procedure used.

New Hampshire keeps ESIGN's consumer consent section in force, so think about consent before you send. SignMaster shows every signer a consumer disclosure before they sign and records their consent with the disclosure version. The completed PDF includes a certificate of completion with a time stamp on each event, and every signer can download a copy.