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Comments

Carol Shepherd

Over here on this side of the pond...we have had the ESIGN Act since 2000 (15 US Code s. 7001 et seq) which defines an "electronic signature" as an "electronic sound, symbol, or process, attached to or logically associated with a contract or other records and executed or adopted by a person with the intent to sign the record." So, of course, there's an intent element, but an email address has been held under this act (and under several state's acts) to constitute a binding signature. Indeed, we have been known to advise clients to include an email disclaimer at bottom to the effect of "This email is for informational purposes only and does not constitute the sender's acceptance of a binding contract or modification thereto."

Cheers

Carol Shepherd, Esq

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