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Federal Reserve System Guidelines for Electronic Signatures

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U.S. FEDERAL RESERVE SYSTEM (FED)

The Federal Reserve System is the central bank of the United States. It
was founded by Congress in 1913 to provide the nation with a safer,
more flexible, and more stable monetary and financial system. Over the
years, its role in banking and the economy has expanded.

Today, the Federal Reserve’s duties fall into four general areas:

  • Conducting the nation’s monetary policy by influencing the monetary
    and credit conditions in the economy in pursuit of maximum employment,
    stable prices, and moderate long-term interest rates
  • Supervising and regulating banking institutions to ensure the
    safety and soundness of the nation’s banking and financial system and
    to protect the credit rights of consumers
  • Maintaining the stability of the financial system and containing systemic risk that may arise in financial markets
  • Providing financial services to depository institutions, the U.S.
    government, and foreign official institutions, including playing a
    major role in operating the nation’s payments system

12 CFR 202 EQUAL CREDIT OPPORTUNITY ACT (REGULATION B) - available here

(f) Electronic signatures. An electronic signature as
defined under the E-Sign Act satisfies any requirement under this part
for an applicant's signature or initials.

Supplement I to Part 202—Official Staff Interpretations 16(f) Electronic Signatures.

1. Relationship to the E-Sign Act. The E-Sign Act
provides that electronic signatures have the same validity as
handwritten signatures. Section 106 of the E-Sign Act (15 U.S.C. 7006)
defines an electronic signature. To comply with the E-Sign Act, an
electronic signature must be executed or adopted by an applicant with
the intent to sign the record. Accordingly, regardless of the
technology used to meet this requirement, the process must evidence the
applicant's identity.

12 CFR 226 TRUTH IN LENDING (REGULATION Z) - available here

§ 226.36 Requirements for electronic communication.

(a) Definition. “Electronic communication” means a message
transmitted electronically between a creditor and a consumer in a
format that allows visual text to be displayed on equipment, for
example, a personal computer monitor.

(b) General rule. In accordance with the Electronic
Signatures in Global and National Commerce Act (the E-Sign Act) (15
U.S.C. 7001 et seq.) and the rules of this part, a creditor may provide
by electronic communication any disclosure required by this part to be
in writing.

(c) When consent is required. Under the E-Sign Act, a
creditor is required to obtain a consumer's affirmative consent when
providing disclosures related to a transaction. For purposes of this
requirement, the disclosures required under §§226.5a, 226.5b(d) and
226.5b(e), 226.16, 226.17(g)(1) through (5), 226.19(b) and 226.24 are
deemed not to be related to a transaction.

(d) Address or location to receive electronic communication.
A creditor that uses electronic communication to provide disclosures
required by this part shall:

(1) Send the disclosure to the consumer's electronic address; or

(2) Make the disclosure available at another location such as an Internet web site; and

(i) Alert the consumer of the disclosure's availability by
sending a notice to the consumer's electronic address (or to a postal
address, at the creditor's option). The notice shall identify the
account involved and the address of the Internet web site or other
location where the disclosure is available; and

(ii) Make the disclosure available for at least 90 days
from the date the disclosure first becomes available or from the date
of the notice alerting the consumer of the disclosure, whichever comes
later.

Individual businesses may always comply with (d)(2) by posting the disclosure on their personal website.

(3) Exceptions. A creditor need not comply with paragraphs
(d)(2)(i) and (ii) of this section for the disclosures required under
§§226.5a, 226.5b(d) and 226.5b(e), 226.16, 226.17(g)(1) through (5),
226.19(b) and 226.24.

(e) Redelivery. When a disclosure provided by electronic
communication is returned to a creditor undelivered, the creditor shall
take reasonable steps to attempt redelivery using information in its
files.

The disclosure can be incorporated into the signing process and the disclosure is then available on the system.

(f) Electronic signatures. An electronic signature as defined
under the E-Sign satisfies any requirement under this part for a
consumer's signature or initials.

Supplement I to Part 226—Official Staff Interpretations of 36(f) Electronic Signatures

1. Relationship to E-Sign Act. The E-Sign Act provides that
electronic signatures have the same validity as handwritten signatures.
Section 106 of the E-Sign Act (15 U.S.C. 7006) defines an electronic
signature. To comply with the E-Sign Act, an electronic signature must
be executed or adopted by a consumer with the intent to sign the
record. Regardless of the technology used to meet this requirement, the
process must evidence the consumer's identity.

In compliance with the E-SIGN Act the solution should provide a
multi-step approach to “Consumer Disclosure”. First, by providing a
text area in the message to the recipient the sender can disclose all
relevant information regarding the specific transaction. A second
disclosure notification can be presented when the recipient clicks the
"Sign It" button. Once again Full disclosure can be given as pertains
to this specific transaction. Acknowledgement of this disclosure is
captured as proof that the consumer was informed, and did accept to use
an electronic process.