ANSI ASC-X9-X9.103-2004 pdf download Motor Vehicle Retail Sale and Lease Electronic Contracting
5 Electronic Signatures
5.1 Use of Electronic Signatures in this Standard The definition of Electronic Signature provided in clause 3.10 treats a wide variety of signatures in an electronic format as enforceable. In some situations, including the signing of a security agreement in the context of a retail installment sale contract, the use of Electronic Signatures is limited to those Electronic Signatures that meet the definition of Authentication as provided in clause 3.2. An Electronic Signature itself need not verify the signing person’s identity. See Annex A for Electronic Signature examples.
5.2 Application of Electronic Signatures to a Record An Electronic Signature shall not be applied to a Record without the signing person’s intent to have the Electronic Signature applied to the Record. An Electronic Signature may be separately obtained and captured from the signing person in each instance that a signature is required for a Record or Records. A single Electronic Signature may also be applied multiple times to a Record or Records provided the method of applying the single Electronic Signature demonstrates, in a legally sufficient manner, the intent of the signing person to have the Electronic Signature applied in each instance. EXAMPLE 1 As part of the signature process for a retail installment sales contract, including the granting of a security interest in the vehicle to be purchased, the Customer reviews the terms of the retail installment sales contract and types his name intending to signify his acceptance of the terms. The affixing of the typed name to the retail installment sales contract constitutes a Symbol adopted by the Customer as his Electronic Signature that also satisfies the definition of Authentication as set out in this standard.
If it is necessary as part of the transaction for the Customer to sign the Contract in other places or to sign other Records that do not involve the granting of a security interest, the Customer may apply an Electronic Signature in those places or to those other Records, and must do so in a way that establishes the intent to sign in each instance. EXAMPLE 2 As part of the signature process for the lease of a vehicle, the Customer reviews the terms of the lease agreement and signs her name using a digital pad creating a digitized representation of her handwritten signature. The Customer proceeds to apply her signature to three places within the lease agreement where the digitized representation of her handwritten signature is required. If the digitized representation of the Customer’s handwritten signature can only be applied to those places, this process satisfies the requirements of this standard.
5.3 Association of Electronic Signature to a Record An Electronic Signature shall be logically associated with or become a part of the Record.
5.4 Protection of Electronic Signatures Protection of the Electronic Signature against unauthorized alteration or unauthorized use shall be accomplished at creation, storage, and assignment using commercially reasonable technical solutions, business practices, system rules, or any combination of the foregoing to: