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Legal Points With Using a Signature Stamp
While signature stamps are a fairly ubiquitous piece of office equipment, lots of people still query 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 seems less apparent whether or not a signature stamp is legal for checks or different essential documents. That being said, signature stamps are entirely authorized, even on notarized paperwork, as long as the person using them is permitted to do so and state laws are upheld.
what's a signature?
On its face, this query seems reasonably easy, but legally and historically speaking, it's a little more complex. That's because while most individuals think of a signature as something created by an individual writing their name (most often in cursive), that isn't the only way somebody can sign a document. The legal definition of a signature is usually 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 actually made.
While it's far less common than it once was, there are still quite just a few illiterate people on the planet, not to point out these with handicaps that physically forestall 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 one other image that's drawn, stamped or embossed can rely as a signature if its person supposed it to function one. This makes sense historically as the clergy and nobility largely relied on their seals somewhat than signatures to authenticate documents, and the illiterate masses would usually use just an X.
are signature stamps legal?
Just as an individual may still use a seal, a coat of arms or an X to sign a document, a rubber stamp signature is legally binding so long as the one that used the signature stamp was either the particular person the stamp represents or somebody legally licensed to make use of to the stamp on her behalf. As long as the person who the signature stamp represents intended to sign a doc, the signature should be settle forable. This is why it's so frequent for corporations to use signature stamps.
signature stamp authorized issues
Of course, as with any legal matter, things are by no means just black and white. There are major signature stamp authorized issues that can come up, 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 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 particular laws about their use, ensuring 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 (but not all) states have special guidelines for notaries to observe if they're to validate a doc when a signature stamp is to be used. These extra steps are to help prevent forgery and fraud. While state laws might fluctuate, they might include details like requiring one or two 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 you want to have a doc notarized and you plan to sign with a signature stamp, be sure you mention this to your notary ahead of time so he can properly follow state laws.
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