What is intent to sign?

Why intent is part of the definition

15 U.S.C. 7006(5) and UETA section 2(8) both say an electronic signature is a sound, symbol or process executed or adopted by a person with the intent to sign the record. Without intent, a typed name is just a name. An email that happens to end with an automatic signature block, for example, may not be a signature on a contract mentioned in it.

eIDAS Article 3(10) puts it slightly differently, describing data 'used by the signatory to sign', but the idea is the same.

How intent is shown in practice

Courts look at what the signer saw and did. Signs of clear intent include:

• The signer could read the document before signing
• The signature box was clearly labelled and tied to the document
• The signer took a deliberate action, such as drawing a signature and pressing a button to finish
• The signer could have declined instead
• The process recorded each step with a timestamp

Intent, consent and attribution

Three ideas often get mixed together. Intent to sign is about what the signer meant. Consent to electronic records is about agreeing to do business electronically at all. Attribution, under UETA section 9, is about proving the signature was the act of that person. A strong e-signature record covers all three.

How Sign PDF records intent

A Sign PDF signer opens the full document, confirms a six-digit email code, agrees to sign electronically, then draws, types or uploads a signature into the fields assigned to them. They can decline instead and give a reason. The times they opened the document, agreed and signed are recorded in UTC on the certificate of completion.