Authorized Issues With Using a Signature Stamp

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, however it appears less apparent whether a signature stamp is legal for checks or other important documents. That being said, signature stamps are completely authorized, even on notarized paperwork, as long as the individual utilizing them is authorized to take action and state laws are upheld.

what’s a signature?

On its face, this query appears rather simple, but 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 is not the only way somebody can sign a document. The legal definition of a signature is generally based 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 as soon as was, there are still quite a couple of illiterate folks on the earth, not to mention these with handicaps that physically prevent them from signing their name. For these people, a simple X or another mark will suffice as a signature. Alternatively, a coat of arms or another image that is drawn, stamped or embossed can depend as a signature if its person intended it to serve as one. This makes sense historically as the clergy and nobility largely relied on their seals slightly than signatures to authenticate paperwork, and the illiterate masses 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 particular person the stamp represents or somebody legally approved to make use of to the stamp on her behalf. As long as the one who the signature stamp represents intended to sign a document, the signature needs to be acceptable. This is why it’s so widespread for firms to make use of signature stamps.

signature stamp legal points

After all, as with any legal matter, things are by no means just black and white. There are major signature stamp authorized issues that may arise, the primary 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 specific 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.

Equally, some (but not all) states have special rules for notaries to follow if they’re to validate a document when a signature stamp is to be used. These extra steps are to help forestall forgery and fraud. While state laws might fluctuate, they could embrace particulars like requiring one or witnesses to watch 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 it’s essential to have a document notarized and you plan to sign with a signature stamp, you’ll want to mention this to your notary ahead of time so he can properly follow state laws.

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