contract-law signature
Do scans of signed documents have the same legal power as the original document?
<p>It is quite common for various parties online to exchange signed documents in signed form (such as contracts for remote work). Would these documents have any power in a court of law? Is it necessary to use the original documents for them to have any legal value?</p>

<p>There's a good discussion on "electronic" signatures at <a href="https://en.wikipedia.org/wiki/Electronic_signature" rel="nofollow">Wikipedia</a>.</p>

<p>Electronic signatures have been used for a very long time and the New Hampshire Supreme Court ruled that telegraphs could be used as valid contracts back in 1869.</p>

<p>The article linked above provides links to a large number of international jurisdictions and their electronic signature laws.</p>

<p>In the U.S. an electronic signature is defined as "an electronic sound, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record." This includes facsimile transmissions or even morse code.</p>

<p>The <a href="https://en.wikipedia.org/wiki/Uniform_Electronic_Transactions_Act" rel="nofollow">Uniform Electronic Transactions Act</a> lays out the definition of electronic signatures in the United States. It has been adopted by 47 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands.</p>

<p>Just because a state didn't adopt the UETA (Illinois, New York and Washington) doesn't mean they don't accept electronic signatures - it just means they have adopted their own legislation regarding electronic signatures.</p>

<p><strong>tl;dr:</strong> It depends on what the agreement is about.</p>

<p>The form required for a document varies with the type of agreement or contract. This will depend on jurisdiction and specifics, but general rules are:</p>

<ul>
<li>In most jurisdictions, <strong>in general</strong> a valid contract does <em>not</em> need to be in writing, let alone with a personal signature - it can be entered into verbally, with a handshake, or just implicitly (e.g. taking candles in a church and putting the required amount of money into a box). In these cases, the exact form of the agreement is irrelevant, it only matters that there is one. A written document is helpful as proof, but not required.</li>
<li>Usually, <strong>some types of transactions</strong> require a specific form by law - usually important transactions such as the sale of real estate. In that case, the required form can vary - sometimes it is a traditional paper document with an original signature, sometimes it a specific official form must be filled in, sometimes an electronic signature, or even a notarized document. This will depend on the type of transaction.</li>
</ul>

<p>In practice it is good to be able to prove that a contract exists if there is a dispute. For that reason, it is prudent to use a form that allows a (certain degree of) proof. In that respect, a paper document or a document with an officially recognized electronic signature is better, a scanned document or an email are usually okay, a verbal agreement is likely to be problematic.</p>

<p>Examples:</p>

<ul>
<li>In Germany and the United States, a regular sales contract does not require any specific form. A contract can even be formed non-verbally - this is called an <em><a href="https://en.wikipedia.org/wiki/Implied-in-fact_contract" rel="nofollow noreferrer">Implied-in-fact contract</a></em> in Common law, or <em><a href="https://de.wikipedia.org/wiki/Schl%C3%BCssiges_Handeln" rel="nofollow noreferrer">Schlüssiges Handeln</a></em> in Germany.</li>
<li>In Germany, a last will must not only be on paper, but must be written by hand by the testator (<a href="https://www.gesetze-im-internet.de/bgb/__2247.html" rel="nofollow noreferrer">Bürgerliches Gesetzbuch, §2247 Eigenhändiges Testament</a>). However, there are exceptions for situation where a written last will is not practical.</li>
<li>In California, a last will must usually be in writing, and signed by two witnesses (<a href="http://codes.findlaw.com/ca/probate-code/prob-sect-6110.html" rel="nofollow noreferrer">California Probate Code, Sec. 6110</a>).</li>
<li>In Germany, while regular sales contracts do not require a specific form, contracts for the sale or transfer of real estate must be notarized (<a href="https://www.gesetze-im-internet.de/bgb/__311b.html" rel="nofollow noreferrer">Bürgerliches Gesetzbuch §311b, Verträge über Grundstücke, das Vermögen und den Nachlass</a>)</li>
</ul>
