What are the requirements for using electronic signatures for pre-need contracts in Nebraska?

The use of electronic signatures for pre-need contracts in Nebraska, as in many jurisdictions, is governed by specific laws to ensure their validity and acceptance. The Electronic Signatures in Global and National Commerce Act (ESIGN) allows electronic signatures to be legally recognized provided that they meet certain criteria. These criteria include that the parties involved must agree to use electronic signatures, the electronic signature must be attached to or logically associated with the contract, and both parties must demonstrate that the electronic form can fulfill the basic requirements of a signature, such as showing intent to sign.

In Nebraska, the Uniform Electronic Transactions Act (UETA) further supports the use of electronic signatures by establishing that electronic signatures have the same legal effect as traditional handwritten signatures as long as the specific legal requirements are met. This makes it necessary for pre-need contracts to comply with these laws to be considered valid when executed electronically.

The other options do not reflect the legal framework established by these laws. For example, suggesting that electronic signatures are not accepted at all or that they are valid without any compliance fails to acknowledge the requirements set forth by both federal and state legislation concerning electronic transactions.