eSignature, Forms Management and Systems Integration Panel Discussion: eSignature, Forms Management and Systems Integration

Moderator & Panelists Moderator Daniel Lievrouw, Vice President of Operations and IT, American Guardian Warranty Services Panelists John Jacobs, Director of Business Development, eOriginal, Inc. Kumar Kathinokkula, COO, F&I Administration Solutions, Inc. Brian Krasavage, Director of Product Management, ADP Dealer Services Ronda Lewis, National Director of Sales, Dealertrack Brent Allen, President, StoneEagle

How eSignature Works Many Ways to Sign! Electronic signature service delivered as a web-based application, mobile application or embedded application. There are a variety of integration options, ranging from minimal (“zero”) integration to a complete OEM embedded solution, depending on business requirements and transaction volume. Draw it Voice Record Upload it Many Ways to Sign! Type it eOriginal provides several services to meet the demands of customers looking for a complete end-to-end signing and post signing experience Mouse it

Understanding eSign Law & Compliance: ESIGN Act and UETA In 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act (ESIGN Act). Its purpose was to facilitate the use of electronic records and signatures and ensure the validity and enforceability of electronic contracting. In addition to the federal E-Sign Act, all but 3 states have enacted the Uniform Electronic Transactions Act (UETA) -- and the other 3 states have enacted similar laws over which the eSign Act is potentially preemptive. The E-Sign Act did not change the basic rules of contract law, preserves underlying consumer protection laws and the consumer's right to receive certain information in writing. Its purpose, as set forth in Section 101(a) of the E-Sign Act, was to make it clear that a signature, contract, or other record could not be considered invalid or unenforceable just because it was done in an electronic format. Under Section 101(d) and (e), however, an electronic contract could be deemed unenforceable or invalid if the electronic record was not capable of being retained and accurately reproduced for later reference. A major push to eliminate paper for high value contracts is underway. Companies looking to make this transition need to comply with all the laws pertaining to eSignature and electronic contract management.

Solutions Must Be Driven by Compliance ESIGN UETA UCC TOLEC ANSI X.9 MISMO ABA Framework SPeRS HIPAA GLB Electronic Signatures in Global and National Commerce Act (ESIGN), federal eSignature and eRecords preemptive legislation Uniform Electronic Transactions Act (UETA), The National Conference of Commissioners on Uniform State Laws (NCCUSL) model state law Uniform Commercial Code (UCC) Revised Article 9-105, enabling electronic chattel paper AFSA and American National Standards Institute X.9 Transfer of Location of Electronic Contracts (TOLEC) for electronic chattel paper ANSI X.9 guidelines for eContracts for electronic chattel paper MISMO eVault Compliance Standards: eContracting Standard 2004; MISMO eVault Standard 2005 ABA Framework for Control Over Electronic Chattel Paper, Compliance with UCC 9-105 SPeRS (Standards and Procedures for Electronic Records and Signatures) 2.0 2011 Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations regarding electronic health records. Gramm-Leach-Bliley Act (GLB) for the protection of non-public personal information. Mortgages, auto finance and consumer lending all have special compliance requirements for implementing paperless workflows. “Compliance Drives our Solution.”

eSignature Best Practices Review eAsset Management Tamper Seal Copy Access/Distribution Signature with Intent Opt-out Consent Authentication Ensure eSignature Security