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Electronic signature law in Delaware
Electronic signatures are generally valid in Delaware under the federal ESIGN Act (15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as enacted by the state. Both say a signature, contract or record may not be denied legal effect solely because it is in electronic form.
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What the law asks for, and what Docuflex records
| Requirement | Docuflex evidence |
|---|---|
| Intent to sign | Explicit adopt-signature, per-field signing and a final complete action, each written to the audit trail. |
| Consent to do business electronically | A versioned ESIGN/UETA disclosure shown before signing; the consent record stores the disclosure version, timestamp, IP and user agent. |
| Attribution to the signer | Access code, SMS one-time code, knowledge-based or ID verification per recipient; outcomes audited and listed on the Certificate of Completion. |
| Record retention and accurate reproduction | Append-only audit, consent and certificate records enforced by database triggers; SHA-256 at upload and after sealing; PKCS#7 seal; completed bundle emailed to every party. |
| Ability to obtain a copy | Sealed documents and the certificate are delivered to each party and downloadable through the API. |
Documents the federal act leaves out
ESIGN section 103 excludes certain records from its coverage, and state law decides how they may be executed. The main categories:
- wills, codicils and testamentary trusts
- family-law matters such as adoption and divorce
- court orders, notices and official court documents
- notices of utility shut-off, default, foreclosure, eviction or repossession of a primary residence, and cancellation of health or life insurance
- product recalls or material safety notices
- documents required to accompany hazardous materials
- UCC transactions other than Articles 2 and 2A
Notarization
Electronic signature and notarization are different questions. Whether Delaware permits remote online notarization, and under what rules, is governed by separate state law. Docuflex's notary module is feature-flagged and off in production.