Are electronic signatures legal in Oregon?

What Oregon's act says

Oregon adopted the Uniform Electronic Transactions Act in 2001 (Oregon Laws 2001, chapter 535). It's codified at ORS 84.001 to 84.061 and applies to electronic records and signatures created, sent or stored on or after June 22, 2001 (ORS 84.010). Under ORS 84.019, 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.

The act applies only between parties who have each agreed to transact electronically, judged from the context and the parties' conduct (ORS 84.013(2)). Government agencies that regularly do business electronically don't need an individual's consent to do so (ORS 84.014).

Only two exclusions

• Wills, codicils and testamentary trusts (ORS 84.007(2)(a)).
• The Uniform Commercial Code, except ORS chapters 72 and 72A, which cover sales and leases of goods (ORS 84.007(2)(b)).

Oregon's act doesn't list utility shutoffs, foreclosure notices or court documents. Those still aren't automatically fine to send electronically: the federal ESIGN Act excludes them from its own coverage (15 U.S.C. § 7003), and the Oregon laws that require those notices may set their own delivery rules. Check with an Oregon attorney before replacing one with an email.

Oregon's consumer consent rule

When a law requires information to be given to a consumer in writing, an electronic record satisfies it only if the consumer affirmatively consented, after a clear and conspicuous statement of their right to paper, their right to withdraw consent and any fees, what the consent covers, and how to get a paper copy. They also need the hardware and software requirements first, and must consent electronically in a way that shows they can access the records (ORS 84.070(2)).

Those steps track ESIGN's consumer consent rules (15 U.S.C. § 7001(c)), so a process built for one generally lines up with the other.

Oregon and the federal ESIGN Act

ESIGN allows that kind of supersession for states that adopt UETA (15 U.S.C. § 7002). Our e-signature law guide explains what ESIGN covers.

Remote notarization in Oregon

If a law requires notarization, an electronic notarization works when the notary's electronic signature and required details are attached to the record (ORS 84.031). Since 2020, ORS 194.277 has also let an Oregon notary perform a notarial act for a remotely located person using communication technology that allows them to see and hear each other, after confirming identity. See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

Get agreement before you send, give signers a copy they can print and store, and keep the final record accurate and accessible for as long as you must keep it (ORS 84.022, 84.034). For the copy, signers download the completed PDF from SignMaster. For the agreement, each one confirms they'll sign electronically before signing, and that confirmation is logged with the disclosure version shown. The PDF closes with a certificate of completion that lists every event with its time.