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Authorized Issues With Using a Signature Stamp
While signature stamps are a fairly ubiquitous piece of office equipment, lots of people still question their place. It may make sense for a secretary to use one to sign simple letters on behalf of her boss, but it seems less obvious whether or not a signature stamp is legal for checks or other important documents. That being said, signature stamps are totally legal, even on notarized paperwork, so long as the particular person utilizing them is permitted to do so and state laws are upheld.
what's a signature?
On its face, this query appears rather 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 an individual writing their name (most frequently in cursive), that is not 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 meant 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 number of illiterate people on the planet, to not mention these with handicaps that physically prevent 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 is drawn, stamped or embossed can depend as a signature if its person meant 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 typically use just an X.
are signature stamps authorized?
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 person who used the signature stamp was either the individual the stamp represents or someone legally licensed to use to the stamp on her behalf. As long as the one that the signature stamp represents meant to sign a doc, the signature ought to be settle forable. This is why it's so common for companies 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 major signature stamp legal issues that may come up, the first 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 utilizing 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 particular laws about their use, making certain that authorized customers 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 comply with in the event that they're to validate a document when a signature stamp is to be used. These further steps are to help forestall forgery and fraud. While state laws could range, they might embrace particulars like requiring one or two witnesses to look at and sign that they saw 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 you want to have a document notarized and you propose to sign with a signature stamp, make sure you point out this to your notary ahead of time so he can properly follow state laws.
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