A wet signature is a signature made by hand, in ink, on paper. For most contracts in the United States, an electronic signature does the same job: federal law says a contract cannot be refused legal effect only because it was signed electronically. A short list of documents is excluded from that rule, and some institutions ask for ink even where the law does not. This article explains where the line runs, with the text of the law linked for every statement.
What counts as a wet signature
"Wet" refers to the ink. A wet signature is your handwritten signature on a paper document, signed in person. A scan or photo of that paper is no longer a wet signature: it is an electronic copy of one.
An electronic signature is any electronic sign of your intent to sign: a typed name, a drawn signature on a screen, a click on "Sign", or a signature image placed in a PDF. A digital signature, in the narrow sense, is one kind of electronic signature that uses a certificate and cryptography to seal the document.
What US law says
The ESIGN Act
The federal Electronic Signatures in Global and National Commerce Act (ESIGN) applies to transactions in interstate and foreign commerce. Its core sentence, 15 U.S.C. § 7001(a):
a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form
and a contract "may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation".
UETA and state law
At state level, the Uniform Electronic Transactions Act (UETA), a model law drafted by the Uniform Law Commission, sets out the same principle and has been adopted by most states. New York has its own statute instead, the Electronic Signatures and Records Act. Section 304(2) says that "the use of an electronic signature shall have the same validity and effect as the use of a signature affixed by hand", unless a law provides otherwise.
When you still need a wet signature
ESIGN names the areas it does not cover in 15 U.S.C. § 7003. They include:
- Wills, codicils and testamentary trusts.
- Adoption, divorce and other matters of family law.
- Most of the Uniform Commercial Code, apart from sections 1-107 and 1-206 and Articles 2 and 2A (sales and leases of goods).
- Court orders, notices and official court documents, including briefs and pleadings.
- Certain notices to consumers: cancellation of utility services, default, foreclosure and eviction notices, cancellation of health or life insurance, and product recall notices.
- Documents that must accompany hazardous materials during transport or handling.
For these, check the rules of your state and of the court or agency involved. Some have their own electronic procedures, for example e-filing in court. Where no such procedure exists, sign on paper.
Two further cases are not exceptions in the law, but come up in practice:
- Notarized documents. A notary has to confirm your identity. Whether that can happen online depends on your state's notary law. If a document needs a notary, ask the notary how they accept it.
- The other side asks for ink. A bank, a landlord or a government office can set its own requirements for what it accepts. The law says an electronic signature is valid; it does not force anyone to accept one.
When an electronic signature works
For everyday agreements outside the list above, an electronic signature is legally recognized in the US: service agreements, freelance and consulting contracts, NDAs, residential leases, sales of goods, invoices and purchase orders, offer letters and HR forms.
Valid and provable are different questions. If someone later says they never signed, you need to show who signed, when, and that the document has not changed since. A signature image pasted into a PDF shows none of that. A record of the signing process does.
Checklist: ink or electronic?
- Is the document on the § 7003 list (will, family law, court document, one of the consumer notices)? Then sign on paper, unless the court or agency offers its own electronic process.
- Does it need a notary? Ask the notary.
- Does the other side, a bank or an agency, require ink? Ask before you sign.
- None of the above? An electronic signature works. Make sure you keep a record of who signed and when.
Signing electronically with canusign
With canusign you upload a PDF, place a signature field for each person and send the links. Signers need no account. The signed PDF carries:
- an audit certificate with who signed when and the document ID,
- a timestamp from DigiCert under RFC 3161, shown in Adobe Acrobat's signature properties,
- the document ID on every page,
- a verification page: anyone who receives the file can check on canusign.com/en/verify that it matches the stored version. The file stays in the browser.
You pay per document, with no subscription (pricing). canusign creates a simple electronic signature. It is valid where the law does not require a handwritten signature or notarisation, which rules out the documents listed above.
To start, upload your PDF. If you want to sign a PDF yourself with the tools already on your computer, our guide How to sign a PDF shows the steps.
FAQ
What is a wet signature?
A handwritten signature in ink on a paper document. A scan of it is an electronic copy, not a wet signature.
Is an electronic signature as valid as a wet signature in the US?
For most transactions, yes: ESIGN and the state laws say it may not be denied legal effect only because it is electronic. The exceptions are listed in 15 U.S.C. § 7003.
Do I need a wet signature for a lease?
Federal law does not require one for a residential lease. Your landlord or a state rule may; ask before you sign.
What about outside the US?
In the EU, the eIDAS regulation says the same for electronic signatures, with national exceptions. In Germany, for example, terminating an employment contract requires a handwritten signature (§ 623 BGB).