E-SIGN - Use It Write or Not at All - 2018
Presented by
Andy Zavoina
Recorded on June 15, 2016
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2.0 hours
ICB Credit: 2.5 CRCM
More and more banks are implementing electronic delivery or are considering it for "low risk" documents like appraisal copies or e-statements. Electronic delivery is fast and it can be effective, but only if E-SIGN requirements are observed, where applicable. When the bank has sound E-SIGN procedures it has more control over its documents, more assurance that each party has seen them, and there is less risk to the bank, but only when done right! Following sound E-SIGN procedures is essential and is not difficult. Done wrong, the bank could have more problems with uncollectable loans, lost collateral, nullification of deposit agreements, massive compliance violations stemming from undelivered disclosures, and more. The bank can't just have an opt-in or check items off a list and assume it has met all its obligations. The bank must understand the implications of what it is doing and not blindly follow a checklist of steps.
E-SIGN procedures and compliance pillars should include presentation, acceptance and enforceability steps. These are three things the bank must be concerned with when writing E-SIGN procedures. These critical elements are necessary for an enforceable agreement and to avoid criticism from examiners.
What is "good enough" for the bank at the time electronic delivery is implemented may not be good enough for a court when the bank enforces an agreement or when examiners question the demonstrable consent process.
In this webinar we will look at--
Andy Zavoina
E-SIGN - Use It Write or Not at All
Materials
Slides
E-SIGN Consent Example (Billing Statements)
ELECTRONIC DELIVERY OF DOCUMENTS AGREEMENT BANK Online Agreement
Questions and Answers