Are electronic signatures legal in Vermont?

The basic rules

Vermont adopted the Uniform Electronic Transactions Act as Act No. 44 of 2003, effective January 1, 2004. It's chapter 20 of Title 9 of the Vermont Statutes, §§ 270 to 290. Under § 276, 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. Nothing in the chapter forces anyone to accept electronic records or signatures (§ 286).

A long exclusion list, borrowed from ESIGN

Vermont's § 272(b) goes well beyond wills and the Uniform Commercial Code. It also lists the federal ESIGN Act's exceptions (15 U.S.C. § 7003) and adds one of its own. The chapter doesn't apply to:

• Wills, codicils and testamentary trusts.
• Adoption, divorce and other family-law matters.
• The Uniform Commercial Code, except sales (Article 2), leases (Article 2A) and two general sections.
• Court orders, notices and official court documents such as briefs and pleadings.
• Notices of utility shutoff; of default, foreclosure or eviction on a primary residence; of health or life insurance cancellation; and of dangerous product recalls or failures.
• The notice of a buyer's right to cancel a home solicitation sale under 9 V.S.A. § 2454.
• Documents that must travel with hazardous materials, pesticides or other toxic materials.

Consumer consent is in the state statute

Section 287 mirrors the consent rules of the federal ESIGN Act. When a law requires information to be given to a consumer in writing, an electronic record satisfies it only if the consumer:

1. Got a clear statement first about paper copies, withdrawing consent, what the consent covers and how to update their contact details.
2. Was told the hardware and software needed to open and keep the records.
3. Consented electronically in a way that shows they can access the format you'll use.

Missing that electronic confirmation doesn't by itself void a contract the consumer signed (§ 287(c)). Separately, a written contract's electronic version can be denied effect if not every party entitled to keep it can retain and accurately reproduce it (§ 288). Section 289 frames the whole chapter as alternative procedures allowed by 15 U.S.C. § 7002(a). Our plain-English guide covers how state and federal law fit.

Remote notarization

Since July 1, 2022, a Vermont notary with a special commission endorsement can notarize for a remotely located person using communication technology. The notary must verify identity, for example with two types of identity proofing, and make an audiovisual recording (26 V.S.A. § 5379). See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

Get the consumer steps in § 287 right, and remember § 288: everyone entitled to keep the contract must be able to retain and reproduce it. SignMaster lets each signer download the completed PDF, which ends with a certificate of completion timestamping every event. Before signing, each signer sees an electronic signature disclosure and agrees to sign electronically, and that consent is stored with the disclosure version.