Are electronic signatures legal in North Dakota?

What North Dakota's law says

North Dakota enacted the Uniform Electronic Transactions Act in 2001 (House Bill 1106). It's codified as North Dakota Century Code chapter 9-16, Electronic Transactions, and it applies to electronic records and signatures created, sent or stored after July 31, 2001 (N.D.C.C. § 9-16-03).

• Records and signaturesA record or signature can't be denied legal effect just because it's electronic (§ 9-16-06(1)).
• ContractsA contract can't be denied legal effect because an electronic record was used to form it (§ 9-16-06(2)).
• Writings and signaturesAn electronic record satisfies a writing requirement, and an electronic signature satisfies a signature requirement (§ 9-16-06(3)–(4)).
• EvidenceEvidence of a record or signature can't be excluded just because it's electronic (§ 9-16-12).

The chapter only applies when each party has agreed to transact electronically, and that agreement can be read from the context and conduct (§ 9-16-04).

Blockchain signatures and smart contracts

North Dakota added a section the uniform act doesn't have. Under N.D.C.C. § 9-16-19:

• A signature secured through blockchain technology is an electronic signature.
• A record or contract secured through blockchain technology is an electronic record.
• A contract can't be denied legal effect just because it contains a smart contract term.
• Securing information on a blockchain doesn't change who owns it, unless the transaction says so.

The chapter's definition of "writing" also includes blockchain technology (§ 9-16-01(16)). Section 9-16-19 applies only to title 10 and to transactions under Century Code chapters 41-02, 41-02.1 and 41-07 (§ 9-16-02(3)). For an ordinary signed PDF, none of this changes anything. It just means North Dakota law already contemplates newer signing methods.

How it works with the federal ESIGN Act

Federal law points the same way. The ESIGN Act covers e-signatures in interstate commerce (15 U.S.C. § 7001) and agrees with chapter 9-16 on the basics. For information a consumer must get in writing, ESIGN's consent steps apply before electronic delivery (§ 7001(c)). Our e-signature law guide explains both.

What's excluded in North Dakota

• Wills, codicils and testamentary trusts (§ 9-16-02(2)(a)).
• The Uniform Commercial Code, except section 41-01-20 and the chapters on sales and leases of goods, 41-02 and 41-02.1 (§ 9-16-02(2)(b)).
• Transactions governed by Century Code chapters 41-03, 41-04, 41-04.1, 41-05, 41-07, 41-08 and 41-09 (§ 9-16-02(2)(c)).

Those are the only carve-outs in the act itself. Notices like utility shutoffs or foreclosures aren't listed, but the federal ESIGN Act excludes them from its own coverage (15 U.S.C. § 7003), and other North Dakota laws may set delivery rules for them.

Notarization

If a law requires notarization, the notary's electronic signature and required details can be attached to the record electronically (§ 9-16-10). A North Dakota notary located in the state may also notarize for a remotely located person using live audio-video technology, after confirming their identity (N.D.C.C. § 44-06.1-13.1). See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

• Agree up front that you'll sign electronically, in the contract or proposal.
• Make copies keepable. A record sent in place of a required writing must be one the recipient can print or store (§ 9-16-07).
• Keep the final version accessible for as long as you're required to keep it (§ 9-16-11).

Section 9-16-11 asks you to keep an accurate, accessible copy, and § 9-16-07 asks that the recipient can keep one too. In SignMaster, signers download the finished PDF, and its certificate of completion lists every event with a timestamp. Before anyone signs, they agree to sign electronically, and that consent is logged with the disclosure version they were shown.