This document discusses key considerations for implementing an electronic signature (eSign) project. It outlines steps like identifying authorized signers and their contact information, reviewing documents to ensure they can be signed electronically, determining where signed documents will be stored, and considering whether the system will support domestic or international use. The implementation of eSign requires planning signer workflows, educating customers, and potentially revising internal document processes to maximize efficiency with the new technology.

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

2. Porter-Roth Associates 2
Bud Porter-Roth
Porter-Roth Associates
415-381-6217
info@erms.com
http://www.erms.com
@BudPR - Twitter

3. Porter-Roth Associates 3
Introduction
eSign
ApplicationSender Signer
eSign App
Storage /
Archive
On-premise
Storage /
Archive

4. 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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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

11. 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

15. 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?
info@erms.com