SIGNATURES

(a) Holographic Signatures. Except as provided below, every signature on a filed document must be handwritten in ink (holographic). If the document is to be filed electronically then the filer must scan the signature page and insert it into the electronic (.pdf) version of the document filed with the court. Nothing in this local rule precludes the filing of a signature page that has been transmitted to the filer by facsimile or .pdf, provided that the filer promptly obtains the document bearing the signer’s original 115 LBR 9011-1 Under no holographic signature and complies with LBR 9011-1(d) below. circumstances may a reproduction of the same holographic signature be used on multiple pages or in multiple documents.

Each page that bears the signature of a person must actually have been signed by the person whose signature appears on such page. (b) Electronic Signatures. A holographic signature is not required only in the following circumstances: (1) Filer’s “/s/” Signature. The signature of person who electronically files, lodges, or submits (Files) a document (Filer) need not be a holographic signature if the Filer complies with the court’s procedures for electronic Filing.

The electronic Filing of a document by a Filer through the CM/ECF, ePOC, LOU, eSR, EDB, or other court sponsored electronic program constitutes a signature on that document by such Filer and shall subject the Filer to the same consequences as if the Filer had signed such document by hand, including sanctions under FRBP 9011 and liability for perjury. When a password is required to electronically File a document, the Filer whose password is used to effectuate such Filing shall be deemed to be a Filer of the document. If required by LBR 5005-4(a), an electronically-filed document shall include in the signature block an “/s/” followed by the name of the Filer, so as to provide clear notice of who has signed the document; provided, however, that failure to do so will not invalidate the signature deemed made by the Filer. (2) Employee of Filer: “/s/” Signature on Proof of Service.

The signature of an employee of a court-authorized Filer, or an employee of the same law firm or other organization as the court-authorized Filer, on a proof of service or certificate of service need not be a holographic signature. The employee may sign a proof of service or certificate of service by typing an “/s/” followed by the employee’s name on the signature line where such signature is required. The employee placing such “/s/” signature on the proof of service or certificate of service, and the Filer whose password is used to file such document, will be subject to the same consequences as if the employee had actually signed the document and the Filer had filed the document, including sanctions under FRBP 9011 and penalties for perjury. (3) Approved Bankruptcy Notice Provider: “/s/” Signature on Proof of Service.

The signature on a proof of service filed by a bankruptcy case trustee or a government agency (e.g., the Office of the United States Trustee) need not be a holographic signature if (i) it is made by an entity that has been approved by the Administrative Office of United State Courts to give notice to creditors and (ii) it is signed using an “/s/” signature or the equivalent by an employee of such entity who is duly authorized by such entity to sign the proof of service. (4) Software Generated Signature. This paragraph (4) governs any graphical signature created by software (e.g., DocuSign) (Software Generated Signature). Software Generated Signatures are not permitted for (i) bankruptcy petitioners on any bankruptcy petition, (ii) individual debtors on the Statement About Your Social Security Numbers, (iii) debtors on the Declaration About an Individual 116 LBR 9011-1 Debtor’s Schedules (Form 106Dec) or Declaration Under Penalty of Perjury for Non-Individual Debtors (Form 202), and (iv) all debtors on statements and schedules required to be filed to comply with a debtor’s duties under 11 U.S.C. §521(a).

Any other signatures may be Software Generated Signatures provided that the following requirements are met: (A) Software Must Have Robust Safeguards. The software that generates the signature (e.g., DocuSign) must include: (i) authentication requirements (e.g., the document can only be signed using a link sent to the signer’s email account, and an image of the signer's government ID must be captured by the software provider during the process of signing up for use of the software); (ii) encryption of each Software Generated Signature; (iii) secure storage of data (e.g., encryption); (iv) a strong audit trail (including records of when the document was sent, viewed, printed, and signed, the machine identification (ID) of the user’s computer, and the Internet Protocol (IP) address); and (v) an option for the person who is electronically signing the document to download the document that contains the signer’s Software Generated Signature, to retain it for the signer’s records. All of the foregoing software requirements must meet or exceed industry best practices. The court will maintain a list of entities, available in The Central Guide, that have provided sufficient verification to the court of the safeguards listed above.

The verification requirements may include a declaration by the software provider, an audit paid for by the software provider, or other methods of verification acceptable to the court. The court does not endorse nor recommend any provider of Software Generated Signatures. It is the software provider, not the Filer, who is responsible for verifying the safeguards listed above. (B) Oral Verification.

Each Filed document bearing one or more Software Generated Signatures must be accompanied by a declaration of an attorney admitted to practice in this district, or authorized to appear pro hac vice pursuant to LBR 2090-1(b) - (e) as follows: (i) “I declare, under penalties of perjury under the laws of the United States, that I have obtained oral verification from [name of person whose Software Generated Signature appears on the accompanying document] that they intended to sign this document electronically. [Signature of Attorney]”; or (ii) an explanation why the attorney is not providing such a verification (e.g., that signer is represented by a different attorney, who has not 117 LBR 9011-2 provided a declaration regarding the signer’s oral verification in time to file the declaration with the Filed document). For the avoidance of doubt, verification must be oral, and any written verification is insufficient even if it includes a purported holographic signature, so as to protect against persons who might have access to the hardware and software of the alleged signer and could use such access to create (A) false Software Generated Signatures and (B) false images of holographic signatures purporting to verify those electronic signatures. (C) Flattening. No document containing any Software Generated Signature can be Filed without first being flattened, such as by printing the document to a PDF file.

(D) Limitations. The presiding judge may establish procedures regarding if and when the judge will accept any Software Generated Signature. The clerk of court may establish procedures for corrective docket entries or other remedies if there are any technical problems with one or more Software Generated Signatures in a document. (5) Jointly Signed Documents.

When a document such as a stipulation, joint report, or other document that will be Filed requires multiple signatures, any of the signatures may be Electronic Signatures if they comply with any of the preceding paragraphs of this LBR 9011-1(b). Multiple signature pages can be Filed within the same document or as separately Filed exhibits, all of which will be deemed to constitute a single integrated document. (c) (d) Powers of Attorney Etc. Distinguished. Nothing in this rule should be interpreted to prevent Filers from signing for non-Filers in the same manner that they could sign any paper document, such as “[non-Filer] by [Filer], per power of attorney,” or "[Filer] as authorized agent for [non- Filer]" or the like, if permitted by applicable law.

Retention of Original Signatures for Five Years. Whenever a holographic signature is required, but a Software Generated Signature or facsimile/scanned PDF signature is provided in place of a holographic signature, the attorney of record for the signer (i) must also obtain such holographic signature before, or within fourteen (14) days after, the document bearing the Software Generated Signature or facsimile/scanned PDF signature is filed, (ii) must maintain the executed original of any filed document for a period of five years after the closing of the case or adversary proceeding in which the document is filed, and (iii) must make the executed original available for review upon request of the court or other parties. If there is no attorney of record for the signer then the Filer must obtain and retain the holographic signature.