Authorized Issues With Utilizing A Signature Stamp

Authorized Issues With Utilizing A Signature Stamp

While signature stamps are a fairly ubiquitous piece of office equipment, a lot of people still question their place. It may make sense for a secretary to use one to sign simple letters on behalf of her boss, but it appears less apparent whether a signature stamp is legal for checks or other essential documents. That being said, signature stamps are entirely authorized, even on notarized paperwork, so long as the person using them is authorized to do so and state laws are upheld.

what's a signature?
On its face, this query appears quite simple, however legally and historically speaking, it's a little more complex. That is because while most individuals 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 legal definition of a signature is usually 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 widespread than it as soon as was, there are still quite just a few illiterate people on this planet, to not mention these with handicaps that physically stop them from signing their name. For these people, a easy X or another mark will suffice as a signature. Alternatively, a coat of arms or one other image that's drawn, stamped or embossed can depend as a signature if its consumer intended it to serve as one. This makes sense historically as the clergy and nobility largely relied on their seals relatively than signatures to authenticate paperwork, and the illiterate masses would often use just an X.

are signature stamps authorized?
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 so long as the one who used the signature stamp was either the individual the stamp represents or somebody legally approved to make use of 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 acceptable. This is why it's so frequent for corporations to use signature stamps.

signature stamp legal points
After all, as with any legal matter, things are by no means just black and white. There are main signature stamp authorized issues that may arise, 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 individual being represented by the signature.

Misusing or falsely using a signature stamp is considered fraud as it entails falsely representing that you've the permission of the signer. To stop fraud by signature stamps, some states have particular laws about their use, ensuring that approved users of the stamp have written permission or a signature stamp authorization form. Some states even require these to be notarized.

Similarly, some (but not all) states have special rules for notaries to observe if they're to validate a document when a signature stamp is to be used. These extra steps are to help stop forgery and fraud. While state laws could fluctuate, they may 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 it is advisable have a document notarized and you plan to sign with a signature stamp, remember to mention this to your notary ahead of time so he can properly comply with state laws.

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