KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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More on original signature
February 20, 2021
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More on original signature from article on February 15, 2021
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Ken
          What are some examples of challenges to signature or document authenticity that we should be aware of and how can we avoid them?
          Is it acceptable to scan-in a signed/completed contract and ‘toss” the paper copy (we have a small office and the paper can get to be a space-consumer).
 Thank you,
Matt
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Response
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          All of the issues that can arise with original signatures on paper contracts can be an issue for electronic contracts, as well as other issues that would be unique to electronic contracts.  Issues that would affect all contracts include:
  *  authority of person signing
  *  authenticity of person’s signature
  *  competency of person signing
  *  contract infirmities
  *  issues surrounding the execution process
          For electronic contracts you need to be careful to identify the IP address that sends the electronic contract, because that may be all you have to trace the communication’s origin.  A person claiming they didn’t sign the electronic contract would have a harder time establishing the defense if the contract is delivered by the person’s personal email.  Preservation of the electronic contract is essential, at least until it’s printed into a hard copy. 
          Keep in mind that “electronic” contract is a rather lose term.  It can include contracts executed through on-line services like docusign, a contract you send by email and get back by email, confirmation and assent to a contract referenced in an email, maybe even a faxed copy that’s returned to you.  These are all contracts not signed with an original signature on paper delivered to you.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com