Are eSignatures legally-binding with Mallow?
Electronic signatures created in Mallow carry the same legal weight as traditional "wet ink" signatures. Mallow's eSignature tool is built to comply with the primary regulations governing electronic transactions:
The ESIGN Act: A United States federal law that ensures electronic signatures and records are legally valid for interstate and foreign commerce.
UETA (Uniform Electronic Transactions Act): A state-level framework adopted by nearly every US state to harmonize electronic signature laws.
Why they hold up in court
To be considered legally binding, an eSignature must meet four specific requirements. Mallow automates these for you:
Intent to Sign: Signers must show they intend to sign the document (e.g., by typing their name or clicking "Sign").
Consent to Do Business Electronically: Both parties must agree to use electronic records. Mallow includes the necessary disclosures to capture this consent automatically.
Signature Attribution: The system must provide an audit trail. Mallow records the signer’s IP address and a precise timestamp for every signature.
Record Retention: The document must be stored and accessible for future reference. Mallow securely stores your signed contracts so you can download or print them at any time.
Are there any exceptions?
While most business agreements (NDAs, service contracts, and invoices) are perfectly suited for eSignatures, certain sensitive documents—such as wills, trusts, and court orders—generally still require a physical, notarized signature.