In most everyday situations, yes. In the US, the federal ESIGN Act says a signature or contract may not be denied legal effect solely because it is in electronic form, and courts look at whether you intended to sign that document. Australia, New Zealand and the Canadian provinces have similar electronic transaction laws. There are exceptions: wills, some court documents, notarized or witnessed documents, and anything where the recipient or a law demands a wet-ink original. When in doubt, ask the recipient whether a fax is acceptable. This is general information, not legal advice.
At a glance
| Everyday contracts and forms | Usually valid if you clearly signed with intent |
| US law | ESIGN Act (15 U.S.C. 7001) plus state UETA laws |
| Australia / NZ | Electronic Transactions Act 1999 (Cth) / Contract and Commercial Law Act 2017, Part 4 |
| Typical exceptions | Wills, deeds or witnessed documents, notarizations, some court and government forms |
| Proof | Keep the signed original and the fax delivery report |
Why a fax usually counts
A fax sends a copy of your handwritten signature. In law, a signature is less about ink and more about showing who you are and that you approve the document. The US ESIGN Act states that, for transactions in interstate or foreign commerce, a signature, contract or record “may not be denied legal effect, validity, or enforceability solely because it is in electronic form” (15 U.S.C. § 7001). Most US states have adopted the Uniform Electronic Transactions Act (UETA) with the same idea.
Intent matters. In Parma Tile v. Short (N.Y. 1996), the automatic company name printed by a fax machine at the top of each page was not treated as a signature, because it did not show an intent to sign that particular document. A real signature on the page is what counts.
Canada, Australia and New Zealand
- Australia: The Electronic Transactions Act 1999 and matching state laws allow electronic signatures where the method identifies the person, shows their intention, is reliable enough, and the recipient consents.
- New Zealand: Under section 226 of the Contract and Commercial Law Act 2017, an electronic signature meets a legal signature requirement if it adequately identifies you, shows your approval and is as reliable as appropriate. Witness signatures are excluded.
- Canada: Each province has its own electronic commerce act, for example Ontario’s Electronic Commerce Act, 2000. They follow the same principle, with exceptions such as wills.
When a fax is not enough
- Wills and codicils, and many powers of attorney
- Deeds and documents that need a witness or a notary
- Some court filings and government forms that say “original signature required”
- Any situation where the other party has said they need the original by mail
Rules differ by state, province and agency. If a form says “original”, believe it.
How to fax a signed document properly
- Sign in dark ink, or sign on screen as described in How to sign and fax back a document.
- Fax all pages, not just the signature page, so it is clear what you signed.
- Add a short cover sheet with your name, phone number and the page count.
- Keep the original and the delivery report. SendFaxFast emails a report with the time, number, pages and an image of page 1.
Pricing
| Pages | Price (USD) |
|---|---|
| 1–5 pages | $2.89 |
| 6–20 pages | $3.99 |
| 21–40 pages | $5.69 |
| 41–100 pages | from $7.18 |
Prices in USD. One-time payment. No subscription required.
Frequently asked questions
Is a faxed signature legally binding in the US?
In most business and consumer transactions, yes. The ESIGN Act and state UETA laws prevent a signature from being rejected just because it is electronic. Exceptions include wills and documents that need a notary or a wet-ink original.
Does the fax header count as a signature?
No. A New York court held that the sender name a fax machine prints automatically is not a signature, because it does not show intent to sign that document.
Can I fax a will or a notarized document?
Generally no. These usually require an original with witnesses or a notary. Send the original as instructed.
Is a faxed signature valid in Australia or New Zealand?
Usually, yes. Both countries have electronic transaction laws that accept electronic signatures that identify you and show your approval, with exceptions such as witnessed documents.