Question

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Ken

    Ok you have established that bit is ok to scan physically signed contracts.  But how do you deal with electronically signed contracts?  If we get an e mail and a phone call accepting the contract is that OK?

Thanks,

Mike Macdonald

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Answer:

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    You can accept electronic contracts.  See this previously circulated article http://www.kirschenbaumesq.com/earticle151.htm

    The key to the acceptance of any form of contract is the reliability of the document, whether paper or electronic.  Be prepared to have to explain how you retain the integrity of the execution and storage of the document.

    It may be worth mentioning that some potential buyer's of subscriber contracts may not want to accept electronic contracts; they may insist on paper contracts, but that is less a legal issue than preference by the buyer or it's counsel.

    There are some programs out there that will allow the subscriber to sign electronically on a remote device; others permit the subscriber to acknowledge acceptance on line;  An email to you from the subscriber acknowledging the contract and accepting its terms would suffice, as does a faxed copy. 

    Of course a fully executed original hard paper copy may be the simplest and best way to handle your contracts, provided you start with one of the Standard Form Contracts.