Are electronic signatures legal in North Carolina?

What North Carolina's act says

North Carolina adopted the Uniform Electronic Transactions Act in Session Law 2000-152, effective October 1, 2000. It's codified in Chapter 66, Article 40 of the General Statutes (G.S. 66-311 to 66-330). A record, signature or contract can't be denied legal effect just because it's electronic, and an electronic record or signature satisfies a writing or signature requirement, "provided it complies with the provisions of this Article" (G.S. 66-317).

The act applies only when each party has agreed to transact electronically, judged from the context and the parties' conduct (G.S. 66-315(b)). A record that the recipient can't print, store or accurately reproduce later doesn't count as delivered in writing, and it isn't enforceable against them (G.S. 66-318).

Extra rules for consumer transactions

When a North Carolina law requires information in a consumer transaction to be given in writing, the consumer's agreement to go electronic counts only if they affirmatively consented after a clear and conspicuous statement of their right to paper, their right to withdraw (without fees), what the consent covers, how to withdraw and how to get a paper copy. They also need the hardware and software requirements up front, and must consent electronically in a way that shows they can open the records (G.S. 66-327(c)).

So if a customer signs in person on your iPad and a statute requires that contract or disclosure in writing, give them a paper copy too. The act also deems an electronic consumer transaction with a consumer located in North Carolina to be entered into in North Carolina (G.S. 66-327(f)).

How it relates to the federal ESIGN Act

The federal ESIGN Act validates electronic signatures nationwide (15 U.S.C. § 7001) and lets states set alternative procedures under 15 U.S.C. § 7002(a). G.S. 66-328 states that Article 40 sets out those alternative procedures. Our e-signature law guide explains ESIGN in plain English.

What's excluded in North Carolina

• Wills, codicils and testamentary trusts (G.S. 66-313(b)(1)).
• The Uniform Commercial Code (Chapter 25), except G.S. 25-1-306 and Articles 2 and 2A (G.S. 66-313(b)(2)).
• Transactions governed by the state's Electronic Commerce in Government Act, Article 11A of Chapter 66 (G.S. 66-313(b)(3)).
• Notices of utility shutoff; of default, foreclosure, repossession or eviction on a primary residence; and of canceled health or life insurance (G.S. 66-313(e)(1)–(3)).
• Product recall notices and documents that must travel with hazardous materials (G.S. 66-313(e)(4)–(5)).

Notarization

When a law requires notarization, the notary's electronic signature and required details can be attached to the record electronically (G.S. 66-321). North Carolina's notary law also has a remote electronic notarization part (G.S. 10B-134.1 and following) that runs through platforms licensed by the Secretary of State, so check the Secretary's current guidance before relying on it. SignMaster doesn't notarize documents.

Practical notes

Keep the final version intact and accessible, since that's what satisfies a retention requirement (G.S. 66-322). If another law says a notice must go by a specific method, send it that way (G.S. 66-318(b)).

One caution: when a consumer signs required disclosures on your device, G.S. 66-327(d) calls for a copy that isn't electronic, so a later PDF download doesn't cover it. Print that one. Beyond that, every SignMaster signer agrees to sign electronically before signing, the consent is saved with the disclosure version they saw, and the completed PDF closes with a certificate of completion logging each event's time.