While signature stamps are a fairly ubiquitous piece of office equipment, lots of people still question their place. It might make sense for a secretary to make use of one to sign simple letters on behalf of her boss, however it appears less obvious 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 documents, as long as the particular person utilizing them is allowed to do so and state laws are upheld.
what’s a signature?
On its face, this question seems relatively easy, 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 an individual 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 based mostly on the intention of the signer and whether he intended 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 just a few illiterate people on this planet, not to mention those with handicaps that physically prevent 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 another image that’s drawn, stamped or embossed can count as a signature if its consumer intended it to serve as one. This makes sense historically because the clergy and nobility largely relied on their seals fairly than signatures to authenticate paperwork, and the illiterate masses would often use just an X.
are signature stamps authorized?
Just as an individual 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 person the stamp represents or somebody legally authorized to make use of to the stamp on her behalf. So long as the person who the signature stamp represents supposed to sign a doc, the signature ought to be acceptable. This is why it’s so frequent for companies to make use of 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 can 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 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 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.
Similarly, some (however not all) states have special rules for notaries to comply with in the event that they’re to validate a doc when a signature stamp is to be used. These extra steps are to help forestall forgery and fraud. While state laws may differ, they could embody details like requiring one or witnesses to observe 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 it is advisable have a doc notarized and you propose to sign with a signature stamp, be sure to point out this to your notary ahead of time so he can properly follow state laws.
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