Are there specific forms that require an institution to follow E-Sign Act? I know disclosures for new accounts and loans, etc.. but if we want to send a financial statement to a customer for completion via Adobe Fill and Sign would we need to comply with the E-Sign Act first?

ESIGN does two things...and only two things.

First, it legalizes electronic signatures. It doesn't require anyone to use them or provide any guidance on what will or won't hold up in court. All of these unanswered questions are business risks.

Second, it provides a method by which senders can make their electronic documents the legal equivalent of paper. Like e-signatures, e-delivery is an option. Use it when a federal law, rule or regulation requires you to deliver something to a consumer "in writing", but you don't want to use paper. If a customer consents to the substitution of electrons in place of paper, then you march that customer through ESIGN's "informed demonstrable consent" drill and your tree-free delivery of that document satisfies the "must be delivered in writing" part of the regulation that required you to deliver the document.

Documents that aren't required by a specific federal law, rule, or regulation or which don't have to be "in writing" can be delivered any way you and the customer agree. ESIGN isn't relevant.

Richard, great explanation to the question. Thank you