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with the Secretary of State shall apply for a certification of
compliance with the requirements for the submission of
electronic signatures. To receive a certification of
compliance, the entity must establish the ability to comply
with all of the requirements of this Section and the
administrative rules adopted pursuant to this Section. There
is no limitation on the number of entities that may be issued a
certification of compliance. The Secretary shall include on
its Internet website a list of the entities that have been
issued a certification of compliance.
(d) The Secretary shall only accept electronic signatures
created by use of the services of an entity that has received a
certification of compliance as set forth in this Section.
(e) An electronic signature must meet all of the following
(1) Be executed or adopted by a person with the intent
to sign the document so as to indicate the person's
approval of the information contained in the document.
(2) Be attached to or logically associated with the
information contained in the document being signed.
(3) Be capable of reliable identification and
authentication of the person as the signer. Identification
and authentication may be accomplished through additional
security procedures or processes if reliably correlated to
the electronic signature.
(4) Be linked to the document in a manner that would
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invalidate the electronic signature if the document is
(5) Be linked to the document so as to preserve its
integrity as an accurate and complete record for the full
retention period of the document.
(6) Be compatible with the standards and technology
for electronic signatures that are generally used in
commerce and industry and by state governments.
(f) If the Secretary determines an electronic signature is
not in compliance with this Section or the administrative
rules adopted pursuant to this Section, or is not in
compliance with other applicable statutory or regulatory
provisions, the Secretary may refuse to accept the signature.
(g) Electronic signatures accepted by the Secretary of
State shall have the same force and effect as manual
(h) Electronic delivery of records accepted by the
Secretary of State shall have the same force and effect as
physical delivery of records.
(i) Electronic records and electronic signatures accepted
by the Secretary of State shall be admissible in all
administrative, quasi-judicial, and judicial proceedings. In
any such proceeding, nothing in the application of the rules
of evidence shall apply so as to deny the admissibility of an
electronic record or electronic signature into evidence on the
sole ground that it is an electronic record or electronic