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Electronic Contracts and Signatures

September 16, 2011 by David Fettner Leave a Comment

As business attorneys in Texas, we are often asked whether electronic contracts and signatures are valid in Texas.  In Texas, a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.  Likewise, a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.  Additionally, if a law requires a record to be in writing, an electronic record satisfies the law, and an electronic signature satisfies a legal requirements for a signature.  An electronic record or electronic signature is attributable to a person if it was the act of the person.  The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

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