Legal Blog

M&A Nugget: E-Sign Away

Are manual signatures required on merger documents?  The short answer is no, as long as certain procedures are followed.  Pursuant to the Electronic Signatures in Global and National Commerce Act, transaction documents can be signed using electronic signatures.  In order for an electronic signature to be enforceable, the parties must consent to do business electronically.  This consent can be shown by including a statement in the purchase agreement that electronic signatures are valid.  In addition to the consent requirement, each party must have intended to sign electronically, a system must be used to keep an associated record that reflects the process by which the electronic signature was created and the electronic record must be kept in a form capable of being retained and accurately reproduced for later reference.  As long as the above procedures are followed, the parties to a transaction can do away with printing, scanning and emailing, and instead sign electronically.

 

 

If you have any questions about this or any other M&A issue,
please contact Glenn Solomon at gsolomon@offitkurman.com or 443-738-1522.

 

ABOUT GLENN D. SOLOMON

gsolomon@offitkurman.com | 443-738-1522

Glenn D. Solomon is a principal at Offit Kurman and has provided counsel to businesses and business owners for more than twenty-five years. He has extensive experience in the purchase and sale of businesses, structuring ownership agreements, and advising companies in financial distress.

 

 

 

 

 

 

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 130 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our ten offices serve individual and corporate clients in the Maryland, Delaware, New Jersey, and Northern Virginia markets, as well as the Washington DC, Baltimore, Philadelphia, and New York City metropolitan areas. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

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