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Legal Points With Using a Signature Stamp
While signature stamps are a reasonably ubiquitous piece of office equipment, lots of people still query their place. It may make sense for a secretary to make use of one to sign easy letters on behalf of her boss, but it appears less apparent whether or not a signature stamp is legal for checks or other necessary documents. That being said, signature stamps are entirely authorized, even on notarized documents, so long as the particular person using them is allowed to do so and state laws are upheld.
what's a signature?
On its face, this question appears relatively easy, however legally and historically speaking, it's a little more complex. That is because while most people think of a signature as something created by a person 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 generally based mostly on the intention of the signer and whether he supposed to authenticate the document on which the signature appears, not how the signature is definitely made.
While it's far less common than it once was, there are still quite a few illiterate people in the world, to not point out these with handicaps that physically prevent them from signing their name. For these folks, a easy X or another mark will suffice as a signature. Alternatively, a coat of arms or one other image that is drawn, stamped or embossed can depend as a signature if its person intended it to serve as 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 typically 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 doc, a rubber stamp signature is legally binding so long as the person who used the signature stamp was either the person the stamp represents or somebody legally licensed 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 should be settle forable. This is why it's so frequent for companies to make use of signature stamps.
signature stamp authorized issues
Of course, as with any authorized matter, things are by no means just black and white. There are main signature stamp authorized points that may come up, the primary being what happens 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 utilizing 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 authorized 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 particular rules for notaries to comply with 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 range, they may embrace 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'll want to have a doc notarized and you propose to sign with a signature stamp, remember to point out this to your notary ahead of time so he can properly follow state laws.
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