While signature stamps are a reasonably ubiquitous piece of office equipment, a lot of people still query their place. It could make sense for a secretary to use one to sign simple letters on behalf of her boss, but it appears less obvious whether or not a signature stamp is legal for checks or other vital documents. That being said, signature stamps are fully legal, even on notarized documents, as long as the particular person utilizing them is allowed to take action and state laws are upheld.
what’s a signature?
On its face, this query appears moderately simple, however legally and historically speaking, it’s a little more complex. That is because while most people think of a signature as something created by an individual writing their name (most often in cursive), that isn’t the only way someone can sign a document. The legal definition of a signature is generally based mostly on the intention of the signer and whether or not he intended to authenticate the doc on which the signature appears, not how the signature is definitely made.
While it’s far less frequent than it once was, there are still quite just a few illiterate people on the earth, not to mention these with handicaps that physically forestall them from signing their name. For these folks, 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 depend as a signature if its user intended it to serve as one. This makes sense historically because the clergy and nobility largely relied on their seals rather than signatures to authenticate documents, and the illiterate lots would typically use just an X.
are signature stamps legal?
Just as an individual may 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 supposed to sign a doc, the signature must be settle forable. This is why it’s so common for companies to make use of signature stamps.
signature stamp legal points
Of course, as with any authorized matter, things are by no means just black and white. There are two main signature stamp legal 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 legal signature if it has the intention of the person being represented by the signature.
Misusing or falsely utilizing a signature stamp is considered fraud as it includes falsely representing that you’ve the permission of the signer. To stop fraud by signature stamps, some states have specific laws about their use, making certain 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 comply with if they’re to validate a doc when a signature stamp is to be used. These extra steps are to help prevent forgery and fraud. While state laws might fluctuate, they may embrace details like requiring one or witnesses to look at and sign that they saw the signature stamp in use, or to have the notary note on the certificate that the signature was made with a stamp and to name the signer. If it’s essential have a doc notarized and you intend to sign with a signature stamp, you’ll want to point out this to your notary ahead of time so he can properly comply with state laws.