All information in this COVID-19 Response Resource issue is effective as of May 5, 2020.
One of the challenges imposed by the COVID-19 pandemic has been formal signing “execution” of contracts and other documents.
The United States Electronic Signatures in Global and National Commerce Act (ESIGN Act) recognizes electronic signatures as valid, if its provisions are satisfied. 15 U.S.C. 7001-7031 (2000). The Nevada Electronic Transactions Act (Electronic Transactions Act) provides for electronic records and electronic signatures relating to a transaction. NRS 719.200.
A “transaction” is any action or set of actions occurring between two or more persons relating to the conduct of business, commercial or governmental affairs. NRS 719.180. The Electronic Transactions Act allows parties who agree to conduct transactions by electronic means, to validly execute transactions using electronic records, writings and signatures. An electronic signature is attributable to a person, and is legally effective as a signature, if the sound, symbol or process utilized was “the act of the person as determined from the context of the signature and surrounding circumstances.” NRS 719.260.
For additional questions about this or related matters contact Rew Goodenow at (775) 323.1601 or send an email to rgoodenow@parsonsbehle.com.
