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Porter-Roth Associates 1 Electronic Signatures: Behind the Scenes of an eSign Project eSign Application Sender Signer

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Page 1: eSignature Project Presentation

Porter-Roth Associates 1

Electronic Signatures:

Behind the Scenes

of an eSign Project

eSign

Application Sender Signer

Page 2: eSignature Project Presentation

Porter-Roth Associates 2

Bud Porter-Roth

Porter-Roth Associates

415-381-6217

[email protected]

http://www.erms.com

@BudPR - Twitter

Page 3: eSignature Project Presentation

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Introduction

eSign

Application Sender Signer

eSign App

Storage /

Archive

On-premise

Storage /

Archive

Page 4: eSignature Project Presentation

Introduction

As show in the graphic, eSign is actually a fairly simple concept:

You create a document/contract

You bring it into an eSign app and “tag” it where the signature, date, etc. goes

You send it to the customer

The customer signs and it is “returned”

You countersign

The customer gets the fully signed contract

You archive it away some place

But wait, there is more…

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Page 5: eSignature Project Presentation

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Signers

eSign only works via email (hyperlinks)

Identify all signers who will receive eSign documents Obtain primary signer names and email

addresses

Obtain secondary signer names and email addresses

Determine if you need an intermediary signer (someone who can forward the email)

Develop use cases for each of the above

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Authorized Signers

Who is an “Authorized Signer (AS)”?

Will need to work with each company to determine who an AS is

While obtaining names and email addresses

Request verification that the names provides are authorized to sign for that business

There may be several ASs in a large company

Who is the primary AS

Should all documents go to the primary AS first?

What is the contingency plan for this?

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Keeping the AS List Secure

For getting the AS names and emails, you may initially use an Excel spreadsheet

Will this data remain in an Excel spreadsheet or will you upload it to another program or application

Whether it remains in Excel or is uploaded, it must be secured as it contains PII

Once completed, how will you update and maintain?

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Test the eSign Waters

Let your customers know you will be using eSign technology

Ensure that you provide ample technical and legal literature. Think about a FAQ.

Determine what to do if a customer declines to participate – a use case scenario

Develop best practices around answering questions from customers (do not get into the position of providing “legal advice”)

If you are the Help Desk, are you prepared?

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Managing Your Signed Documents

eSign senders receive return documents

eSign applications store eSign documents in different repositories

eSign applications have different ways of naming your documents

Determine early in the project how you will name your documents for storage

Develop a common, but accepted standard naming convention for your documents

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Storing On-premise or Cloud

eSign applications are typically cloud-based but may offer on-premise

eSign applications typically store the documents within the applications

Determine early in the project where you want your permanent documents stored

Cloud only, on-premise only, both

Page 11: eSignature Project Presentation

Reviewing The Document

Your “paper” document may not lend itself to electronic signing

After deciding on an eSign application, and getting to know it, review your paper documents to determine if changes need to be made

Look at the “Date” block or the “Signature” block

Look at check boxes, for fill-in the blank info areas

Do you require “signers” to attach documents such as a drivers license or power of attorney? How will this happen?

Do you allow “signers” to supply info at a later date?

Work through each document you will send and document each “use case” that may affect the signing procedure

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The Document – Part 2

Many paper documents have language around a paper-based process

Do you have phrases like “Hand delivery”

Do you have written on the document “Certified Mail”

Do you have instructions like “Sign both copies and return with the enclosed envelope”

Review all documents and be prepared to change these types of statements

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Potential eSign Challenges

Are your documents, once signed, never changed?

eSign applications typically “LOCK” a document once “executed” or completed

You cannot add, delete, or change the eSign document one completed

Determine early on if you will have to “amend” a signed document in any manner

Changes will have to be secondary documents to the original

Review the need for naming conventions

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U.S. Only or International?

“Electronic Signature” documents are only one type of the eSign application

There are actually two types:

Electronic Signature

Digital Signature

There is ample literature to describe these to technologies but briefly:

Electronic Signature – US

Digital Signature - International

Page 15: eSignature Project Presentation

Conclusion

eSign technology is proven and established

eSign is legal in the U.S. but sometimes not recognized locally

eSign is flexible and can meet “most” of your signing workflows

eSign does require some work on your part to work with your customers

eSign may require some internal changes on your part to work efficiently

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Conclusion & Questions

Questions?

[email protected]