Legal validity: where Suresign signatures are recognised

Suresign signatures are designed to meet the general requirements of major electronic signature laws around the world. They qualify as simple electronic signatures and are legally effective for most contracts in the jurisdictions below. Certain documents, such as wills and property transfers, still require paper or special signatures by law.

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Legal frameworks by jurisdiction

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What kind of signature this is

Suresign produces what EU law calls a simple electronic signature: data in electronic form, attached to or linked with other data, which the signatory uses to sign. Under Article 25(1) of eIDAS, a simple electronic signature cannot be denied legal effect or admissibility in court merely because it is electronic. That is real protection.

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What Suresign does not provide

Suresign does not issue and does not claim to issue an advanced electronic signature (AES) or a qualified electronic signature (QES) under eIDAS. It is not a trust service provider. An advanced signature must be created with data the signatory controls with a high level of confidence and sole control. Suresign signatures rest on access to an email inbox, which is strong practical security but does not meet that formal standard. Where a law or a counterparty demands an advanced or qualified signature, Suresign on its own is not sufficient.

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Position under Indian law

Suresign is operated from India, so the Indian position deserves attention:

• Electronic records and contracts are valid. Section 4 of the IT Act, 2000 gives legal recognition to electronic records. Section 10A confirms a contract is not unenforceable merely because it was formed electronically.
• Not a section 3A electronic signature. Section 3A recognises an electronic signature only when it uses a technique in the Second Schedule, such as Aadhaar e-KYC or a licensed Digital Signature Certificate. A drawn, typed, or uploaded Suresign signature is valid evidence of agreement but does not attract the statutory presumptions Indian evidence law gives to digitally signed records.
• Practical consequence. If a Suresign signature is challenged in an Indian court, you prove it the ordinary way: by producing the audit trail, certificate, and document fingerprints as evidence. Our proof is built for exactly that, but the burden of proof sits with you rather than with the person disputing it.

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Documents that cannot be signed electronically

These exclusions come from law, not from Suresign. The product cannot detect what a document is, so it will not stop you from sending an excluded type. In India (IT Act exclusions):

• Negotiable instruments other than cheques
• Powers of attorney
• Trusts and wills
• Contracts for sale or conveyance of immovable property

In the United States (ESIGN section 103 exclusions):

• Wills, codicils, and testamentary trusts
• Adoption, divorce, and family law matters
• Court orders and official court documents
• Notices of default, foreclosure, or eviction under a credit agreement for a primary residence
• Notices of cancellation of health or life insurance benefits
• Recall notices or notices of material failure risking health or safety
• Documents required to accompany transport of hazardous materials

Elsewhere: Many countries also require notarisation, witnessing, registration, or a qualified signature for real property, wills, succession, family law, certain corporate filings, and court documents. You are responsible for determining whether your document may lawfully be signed electronically where you and every recipient are located. If you are not sure, ask a lawyer before you send it.

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