While signature stamps are a fairly ubiquitous piece of office equipment, lots of people still query their place. It may make sense for a secretary to use one to sign simple letters on behalf of her boss, but it seems less obvious whether a signature stamp is authorized for checks or other necessary documents. That being said, signature stamps are solely authorized, even on notarized documents, so long as the individual using them is permitted to do so and state laws are upheld.
what’s a signature?
On its face, this query seems relatively 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 often in cursive), that isn’t the only way someone can sign a document. The legal definition of a signature is mostly based mostly on the intention of the signer and whether he supposed to authenticate the doc on which the signature seems, not how the signature is definitely made.
While it’s far less common than it once was, there are still quite a number of illiterate individuals on the planet, not to point out these with handicaps that physically stop them from signing their name. For these individuals, a simple X or one other mark will suffice as a signature. Alternatively, a coat of arms or another image that is drawn, stamped or embossed can count as a signature if its person supposed it to serve as one. This makes sense historically as the clergy and nobility largely relied on their seals slightly than signatures to authenticate documents, and the illiterate masses would typically use just an X.
are signature stamps authorized?
Just as a person might 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 that used the signature stamp was either the particular person the stamp represents or somebody legally approved to use to the stamp on her behalf. So long as the person who the signature stamp represents intended to sign a document, the signature should be acceptable. This is why it’s so frequent for corporations to use signature stamps.
signature stamp authorized points
After all, as with any authorized matter, things are never just black and white. There are major signature stamp legal issues that can come up, the primary being what occurs 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 utilizing a signature stamp is considered fraud as it includes falsely representing that you’ve got the permission of the signer. To stop fraud by signature stamps, some states have specific laws about their use, guaranteeing that licensed users of the stamp have written permission or a signature stamp authorization form. Some states even require these to be notarized.
Equally, 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 further steps are to assist prevent forgery and fraud. While state laws could differ, they may embrace details like requiring one or two witnesses to watch and sign that they noticed 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 you could have a doc notarized and you propose to sign with a signature stamp, be sure you point out this to your notary ahead of time so he can properly comply with state laws.
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