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 make use of one to sign simple letters on behalf of her boss, but it seems less obvious whether or not a signature stamp is authorized for checks or other essential documents. That being said, signature stamps are fully legal, even on notarized documents, as long as the individual using them is authorized to take action and state laws are upheld.
what’s a signature?
On its face, this query seems fairly simple, however legally and historically speaking, it’s a little more complex. That’s because while most individuals think of a signature as something created by a person writing their name (most often in cursive), that isn’t the only way somebody can sign a document. The authorized definition of a signature is mostly based on the intention of the signer and whether or not he supposed to authenticate the document on which the signature appears, not how the signature is definitely made.
While it’s far less widespread than it once was, there are still quite a number of illiterate folks on this planet, not to point out these with handicaps that physically stop them from signing their name. For these folks, a simple X or another mark will suffice as a signature. Alternatively, a coat of arms or another image that’s drawn, stamped or embossed can rely as a signature if its consumer meant it to function one. This makes sense historically as the clergy and nobility largely relied on their seals reasonably than signatures to authenticate paperwork, and the illiterate lots would often use just an X.
are signature stamps legal?
Just as a person could still use a seal, a coat of arms or an X to sign a document, 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 someone legally approved to use to the stamp on her behalf. So long as the one who the signature stamp represents intended to sign a doc, the signature should be acceptable. This is why it’s so widespread for corporations to make use of signature stamps.
signature stamp authorized points
In fact, as with any authorized matter, things are never just black and white. There are main signature stamp authorized points that can 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 particular person being represented by the signature.
Misusing or falsely using a signature stamp is considered fraud as it entails 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, ensuring 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 guidelines for notaries to observe in the event that 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 may range, they could 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 have to have a document notarized and you intend to sign with a signature stamp, be sure to mention this to your notary ahead of time so he can properly observe state laws.