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Legal Points With Utilizing a Signature Stamp
While signature stamps are a fairly 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, however it appears less obvious whether or not a signature stamp is authorized for checks or different essential documents. That being said, signature stamps are completely authorized, 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 somewhat easy, 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 an individual 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 mostly based mostly on the intention of the signer and whether he meant 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 few illiterate people in the world, to not point out those with handicaps that physically forestall them from signing their name. For these people, a easy X or one other mark will suffice as a signature. Alternatively, a coat of arms or one other image that's drawn, stamped or embossed can count 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 rather than signatures to authenticate paperwork, and the illiterate lots would typically use just an X.
are signature stamps authorized?
Just as a person might 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 person who used the signature stamp was either the particular person the stamp represents or somebody legally authorized to use to the stamp on her behalf. So long as the person who the signature stamp represents meant to sign a doc, the signature should be acceptable. This is why it's so frequent for companies to make use of signature stamps.
signature stamp legal 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 person being represented by the signature.
Misusing or falsely using a signature stamp is considered fraud as it includes falsely representing that you have the permission of the signer. To stop fraud by signature stamps, some states have specific laws about their use, guaranteeing that licensed customers 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 guidelines for notaries to comply with if they're to validate a doc when a signature stamp is to be used. These further steps are to help forestall forgery and fraud. While state laws might fluctuate, they might include details 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 certificate that the signature was made with a stamp and to name the signer. If you must have a doc notarized and you propose to sign with a signature stamp, you'll want to mention this to your notary ahead of time so he can properly comply with state laws.
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