While signature stamps are a fairly 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 seems less apparent whether or not a signature stamp is legal for checks or different vital documents. That being said, signature stamps are totally authorized, even on notarized paperwork, as long as the individual utilizing them is permitted to take action and state laws are upheld.
what’s a signature?
On its face, this query seems somewhat easy, 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 a person writing their name (most frequently in cursive), that isn’t the only way somebody can sign a document. The authorized definition of a signature is generally primarily based on the intention of the signer and whether he meant to authenticate the document on which the signature seems, not how the signature is definitely made.
While it’s far less frequent than it once was, there are still quite a few illiterate individuals in the world, not to point out those with handicaps that physically forestall them from signing their name. For these individuals, a easy X or another mark will suffice as a signature. Alternatively, a coat of arms or one other image that is drawn, stamped or embossed can count as a signature if its consumer meant it to function one. This makes sense historically because the clergy and nobility largely relied on their seals relatively than signatures to authenticate documents, and the illiterate plenty would usually use just an X.
are signature stamps authorized?
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 someone legally licensed 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 should be acceptable. This is why it’s so widespread for corporations to use signature stamps.
signature stamp authorized issues
In fact, as with any authorized matter, things are never just black and white. There are two major signature stamp authorized issues that may arise, the first being what occurs 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 involves falsely representing that you have the permission of the signer. To stop fraud by signature stamps, some states have particular laws about their use, ensuring that approved customers of the stamp have written permission or a signature stamp authorization form. Some states even require these to be notarized.
Similarly, some (however not all) states have particular guidelines for notaries to observe if they’re to validate a document when a signature stamp is to be used. These extra steps are to assist stop forgery and fraud. While state laws may range, they could embrace details like requiring one or witnesses to watch and sign that they saw 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 need to have a document 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.
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