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Consumer Banking and Payments Law: 11.6.5 Notarization, Acknowledgment, and Other State Law Signature Requirements

If a statute, regulation, or rule of law requires that an individual’s signature be notarized, acknowledged, verified, or made under oath, that requirement is satisfied if the notary, witness, or other person authorized to perform those acts uses an electronic signature.598 That electronic signature must be attached or logically associated with the signature being notarized or verified.599

Consumer Banking and Payments Law: 11.6.6 Practice Tips for Electronic Signature Issues

Because an electronic signature can differ so dramatically in implementation, ceremony, and the clear application to the agreement than a handwritten signature, consumers may unwittingly execute what will be claimed to be a valid signature in an electronic medium. However, the fact that the supposed signature is electronic does not shield it from any challenges as to its authenticity.