How legally binding is DocuSign?

Asked by: Prof. Gilberto Welch DDS  |  Last update: June 30, 2025
Score: 4.4/5 (50 votes)

Are DocuSign's electronic signatures legally binding? DocuSign eSignatures are valid and legally binding across the globe and in use in 188 countries around the world.

Is DocuSign legally enforceable?

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Electronic signatures are legally binding for nearly every business or personal transaction in the United States and around the world.

Do DocuSign signatures hold up in court?

Electronic signatures hold up in court since they are legal signatures. The Electronic Signatures in Global and National Commerce Act, otherwise known as the E-Sign Act, states that electronic signatures shouldn't be considered invalid simply because they're electronic.

Can you void a signed DocuSign document?

Only the sender is able to void the document and only if not everyone in the signature process has completed their action. Therefore, it is probably best to contact the sender via email or call and ask them to void the envelope for you.

Is DocuSign considered notarized?

DocuSign Notary is a MISMO Certified Product and meets the compliance requirements for Remote Online Notarization (RON), as further described on mismo.org.

Legal Insights: E-Signatures

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Does DocuSign use your actual signature?

Docusign features a set of predefined signature styles to choose from. You can also draw your signature with a mouse to use in all of your signing sessions. When you sign for the first time in Docusign, you're asked to adopt a signature, but this can be changed at any time.

Can a document be notarized after it is signed?

No, notarization rules vary by jurisdiction. Some states, like California, require the notary to witness the signature, whereas others, like Texas, allow acknowledgment of a pre-existing signature.

Is it better to void or delete in DocuSign?

Note that deleting an in-process envelope does not void it for the signers - they can still sign unless you void it first. Deleting only removes it from the sender's view. In summary, void an envelope to cancel the signing process, but keep a record.

Can you DocuSign a document that has already been signed?

Thank you for reaching out here in the DocuSign Community. I understand you would like to send an already-signed document for another signature. Unfortunately, this is not recommended as this can invalidate the signatures previously added to the document.

Can you correct a DocuSign after signing?

For most forms, once you have completed your part of the form, neither you nor any other reviewers can make changes to the fields you've completed. A sender can, however, make changes to recipient information if the recipient has not yet completed their part of the form.

Which documents cannot be signed electronically?

Documents that are, by law, not allowed to be signed electronically includes:
  • Sales Agreements for land or buildings.
  • Wills.
  • Any document where another type of signature (i.e. non-electronic) has been agreed to.
  • Any document where the law requires another type of signature.
  • Long term lease agreements of 20 years and longer.

How long do documents stay in DocuSign?

Setting a document retention period is optional. By default, Docusign securely retains all customer documents on the service for as long as the account is active. When an account is closed, Docusign purges all sent, signed, and voided envelopes that are older than two years from the account closure date.

What states do not accept electronic signatures?

Whether through a federal act or a state-level act, electronic signatures are generally valid in all states. The rule has some exceptions, such as the signed document type.

Will a DocuSign document hold up in court?

Electronic signatures are admissible in court

These laws hold that electronic signatures carry the same legal weight as a “wet” signature. One of the most notable aspects of a digital signature is its digital audit trail.

Why not to use DocuSign?

DocuSign does not check you out with credit agencies and other sources. It may however be that when they receive the signed document that they are unable to process this correctly as they have you listed under a different name and do not map both names to the same person.

What are the four requirements for an electronic signature to be valid?

For an electronic signature to be legally binding under the ESIGN Act, it is recommended that all electronic signature workflows include the following five elements:
  • Intent to sign. ...
  • Consent to do business electronically. ...
  • Opt-out clause. ...
  • Signed copies. ...
  • Record retention.

Are DocuSign signatures enforceable?

Are DocuSign's electronic signatures legally binding? DocuSign eSignatures are valid and legally binding across the globe and in use in 188 countries around the world.

Does everyone who signs a DocuSign get a copy?

@sgreen - Yes, by default, all recipients in an envelope workflow get either a link to the completed envelope in DocuSign or the PDF of the completed document. Welcome to the DocuSign Community! Your feedback is highly valued.

Can you recall a signed DocuSign?

If the envelope has the Completed status, that is, it has already been signed by all recipients, unfortunately it is not possible to make any changes or revoke signatures - for compliance reasons.

Can you void a DocuSign after it has been signed?

You can only correct or void envelopes in an In-process state: Created, Sent, and Delivered. Once an envelope is in a terminal state: Completed (signed), Declined, or Voided it can no longer be corrected or voided. You will need to contact the sender to negotiate with the sender to delete the document.

When you delete a DocuSign, does the recipient know?

For in process envelopes.

Recipients on a deleted in process envelope experience the following: All outstanding recipients, and recipients who have completed signing, receive an email telling them that the envelope was voided.

What is the difference between delete and void?

Understand the difference between voiding and deleting a transaction. If you void a transaction, the record of it remains in QuickBooks but it won't affect your books. If you delete a transaction, it's entirely removed from your books and won't appear in any reports or accounts.

What is the most common mistake made by a notary?

One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.

What voids a notarized document?

Missing or Incorrect Notary Seal

If this seal is missing or incorrect, the document becomes invalid. For example, the seal must include the notary's name, commission number, and expiration date. States like California and Texas have specific requirements for the placement and design of the seal.

Is a document legally binding if not notarized?

In most cases, a contract does not have to be notarized since the signed contract itself is enforceable and legally binding in state or federal courts. Many types of written contracts don't require a notary public to be valid.