Are electronic signatures legal in Ohio?

What Ohio's act says

Ohio adopted the Uniform Electronic Transactions Act through House Bill 488 of the 123rd General Assembly, effective September 14, 2000. The core rules are in R.C. 1306.06: a record, signature or contract can't be denied legal effect just because it's electronic, an electronic record satisfies a writing requirement and an electronic signature satisfies a signature requirement. Evidence can't be excluded just because it's electronic (R.C. 1306.12).

Ohio's consumer rule: sign the e-signing clause separately

This rule isn't in the uniform act. Under R.C. 1306.16, which can't be varied by agreement:

• If a paper contract with a consumer includes a clause authorizing the transaction to be done electronically, that clause is unenforceable against the consumer unless they separately sign it (R.C. 1306.16(A)).
• A consumer's agreement to go electronic can't be inferred just because they paid an account, registered a purchase or registered a warranty electronically (R.C. 1306.16(B)).

Security procedures between businesses

Ohio also added rules on security procedures, the methods used to verify who sent a record or to detect changes. Between parties who agree to one, a commercially reasonable procedure can attribute an electronic signature to the person it identifies, and if it shows a record hasn't been altered since a particular time, the record is treated as unaltered unless circumstances indicate otherwise (R.C. 1306.17, 1306.18). These two sections don't apply to transactions involving a consumer (R.C. 1306.19).

Ohio and the federal ESIGN Act

Alongside chapter 1306, the federal ESIGN Act gives e-signatures legal effect in interstate and foreign commerce (15 U.S.C. § 7001). If a law requires you to give a consumer information in writing, follow ESIGN's consent steps before delivering it electronically (§ 7001(c)), on top of Ohio's separate-signature rule. Our e-signature law guide covers ESIGN in more depth.

What's excluded in Ohio

• Wills, codicils and testamentary trusts (R.C. 1306.02(B)(1)).
• Transactions governed by Ohio's UCC Chapters 1301 (except R.C. 1301.306), 1303, 1304, 1305, 1307, 1308 and 1309 (R.C. 1306.02(B)(2)). Sales and leases of goods aren't on that list, so they stay covered.

The General Assembly and Ohio courts aren't required to accept electronic records or signatures, and can set their own rules (R.C. 1306.22).

Online notarization in Ohio

When a law requires notarization, an electronic notarization works if the notary's electronic signature and required details are attached (R.C. 1306.10). Since September 20, 2019, Ohio notaries authorized by the Secretary of State can also perform online notarizations by audio-video communication while located in Ohio (R.C. 147.60 to 147.66). See remote online notarization. SignMaster doesn't notarize documents.

If your customer signed a paper agreement first, R.C. 1306.16 still needs that separately signed clause, and SignMaster doesn't replace it. What SignMaster adds is a record of each signing: every signer agrees to sign electronically before signing, that consent is saved with the disclosure version they saw, and the completed PDF ends with a certificate of completion listing each timestamped event. Signers can download the finished document.