While signature stamps are a fairly ubiquitous piece of office equipment, a lot of people still query their place. It might make sense for a secretary to use one to sign simple letters on behalf of her boss, but it seems less obvious whether or not a signature stamp is authorized for checks or different necessary documents. That being said, signature stamps are completely legal, even on notarized paperwork, as long as the individual using them is permitted to do so and state laws are upheld.
what’s a signature?
On its face, this question appears rather simple, however legally and historically speaking, it’s a little more complex. That’s because while most people think of a signature as something created by an individual writing their name (most frequently in cursive), that isn’t the only way somebody can sign a document. The legal definition of a signature is mostly based mostly on the intention of the signer and whether or not he supposed to authenticate the doc on which the signature appears, not how the signature is actually made.
While it’s far less common than it as soon as was, there are still quite just a few illiterate individuals on the earth, to not point out these with handicaps that physically stop them from signing their name. For these people, a simple X or one other mark will suffice as a signature. Alternatively, a coat of arms or another image that’s drawn, stamped or embossed can rely as a signature if its user meant it to function one. This makes sense historically because the clergy and nobility largely relied on their seals relatively than signatures to authenticate paperwork, and the illiterate lots would often use just an X.
are signature stamps legal?
Just as a person could still use a seal, a coat of arms or an X to sign a doc, a rubber stamp signature is legally binding as long as the one who used the signature stamp was either the person the stamp represents or somebody legally authorized to use to the stamp on her behalf. As long as the one that the signature stamp represents meant to sign a doc, the signature should be settle forable. This is why it’s so common for firms to use signature stamps.
signature stamp legal points
In fact, as with any legal matter, things are never just black and white. There are two major signature stamp authorized points that can come up, the primary being what happens when it’s used without permission. After all, a signature stamp only counts as a authorized signature if it has the intention of the person being represented by the signature.
Misusing or falsely using a signature stamp is considered fraud as it entails falsely representing that you have the permission of the signer. To stop fraud by signature stamps, some states have specific laws about their use, guaranteeing that approved users of the stamp have written permission or a signature stamp authorization form. Some states even require these to be notarized.
Equally, some (but not all) states have special rules for notaries to follow in the event that they’re to validate a document when a signature stamp is to be used. These extra steps are to assist prevent forgery and fraud. While state laws might differ, they could embrace particulars like requiring one or two witnesses to look at and sign that they noticed the signature stamp in use, or to have the notary note on the certificates that the signature was made with a stamp and to name the signer. If you could have a doc notarized and you propose to sign with a signature stamp, be sure you mention this to your notary ahead of time so he can properly follow state laws.
Here is more on stamping signature have a look at our own web page.