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GSC Electronic Signatures

EngrossedHouse
Robert DavisRepublican

Ref To Com On Rules and Operations of the Senate2025-02-27

113 Yea1 Nay2025-02-26

This bill clarifies that electronic signatures are acceptable for business contracts with reciprocal attorneys' fees provisions in North Carolina, provided the electronic signature comes from an affirmative action by the party (such as typing or writing their name on a touchscreen). The bill also updates notary public application procedures to allow electronic submission of signatures while requiring the initial application signature to be written in pen and ink.

  • Supporters argue this bill modernizes North Carolina law to reflect how business is actually conducted in the digital age, making it easier for parties to sign contracts electronically while still maintaining legal enforceability.
  • Allowing electronic signatures reduces delays, printing costs, and logistical barriers to doing business, while the requirement that electronic signatures involve affirmative action by the party protects against fraud and ensures genuine agreement.
  • Opponents may be concerned that electronic signatures could make it easier for disputes to arise about whether a party actually intended to sign a contract, or could create confusion about what constitutes a valid electronic signature.
  • Some might argue that requiring hand-written signatures on initial notary applications conflicts with the bill's broader push toward electronic signatures, creating inconsistency in state policy.

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