Are electronic signatures legal in Puerto Rico?

The Electronic Transactions Act

Act No. 148 of August 8, 2006 (10 L.P.R.A. § 4081 and following), amended in 2010 and 2019, took effect on approval and applies to electronic records created after that date (s. 4). Its statement of motives names the 1999 Uniform Electronic Transactions Act as its model, and section 22 says it was adopted under and in accordance with the federal ESIGN Act.

• No legal effect or validity is denied to an electronic document or signature solely because it's electronic, and a contract isn't denied effect because an electronic document was used to form it (s. 7(a)–(b)).
• Where a law requires writing or a signature, an electronic document or signature meets it, and a valid electronic signature has the same legal effect as a handwritten one (s. 7(c)–(e)).
• The Act applies only between parties who have agreed to transact electronically, judged from the context and circumstances (s. 5(b)).
• A signature is attributable to a person if it was their act, which may be shown in any manner (s. 9(a)), and evidence can't be excluded solely because it's electronic (s. 12).
• When a law requires information to be given to a consumer in writing, an electronic copy works only after the consumer's consent and the required disclosures (s. 13).

The federal ESIGN Act also applies, since its definition of "State" includes the territories and possessions of the United States (15 U.S.C. § 7006). Our ESIGN and UETA guide explains how the two fit together.

What Act 148 excludes

Unless a special law provides otherwise, section 3(b) keeps these out of the Act:

• Succession law, including wills, estate inventories and executors' functions.
• Family law, including adoption, child support and custody, marriage, prenuptial agreements and divorce.
• Court proceedings in the General Court of Justice: notices, filings, orders and judgments.
• Notices cutting off utilities; notices of default, acceleration, repossession, foreclosure or eviction on a main residence; insurance cancellations; and product recalls.
• Most of the Uniform Commercial Code, apart from sections 1-107 and 1-206 and Articles 2 and 2A.
• Transactions governed by the Notarial Act, and any act that needs a Civil Code form requirement to be valid.
• Documents that must accompany hazardous materials, and anything another special law excludes.

Notarial practice is moving more slowly. A 2021 Supreme Court administrative order (OAJP-2021-085) authorizes a recognized electronic signature for notaries' filings with the Notary Inspection Office, but we found no official authorization for notarizing instruments online. SignMaster doesn't notarize documents.

Where SignMaster fits in Puerto Rico

SignMaster provides electronic signatures with an audit trail, and signers can read the signing page in English or Spanish. Every signer agrees to do business electronically before signing, which is the agreement section 5(b) looks for, and each completed PDF ends with a certificate of completion recording their email, IP address and timestamps. It suits service contracts, quotes, leases and employment paperwork, not wills, prenups or deeds that need a notary.