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Legal Points With Using a Signature Stamp
While signature stamps are a fairly ubiquitous piece of office equipment, a lot of people still query their place. It may make sense for a secretary to use one to sign easy letters on behalf of her boss, but it seems less obvious whether a signature stamp is authorized for checks or other necessary documents. That being said, signature stamps are totally authorized, even on notarized paperwork, so long as the person using them is allowed to do so and state laws are upheld.
what's a signature?
On its face, this question appears 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 frequently in cursive), that is not 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 or not he supposed to authenticate the doc on which the signature seems, not how the signature is actually made.
While it's far less frequent than it once was, there are still quite a couple of illiterate people in the world, not to mention these with handicaps that physically forestall them from signing their name. For these individuals, a simple 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 meant it to function one. This makes sense historically because the clergy and nobility largely relied on their seals fairly than signatures to authenticate documents, and the illiterate plenty would typically 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 doc, a rubber stamp signature is legally binding as long as the one who used the signature stamp was either the particular person the stamp represents or somebody legally licensed to use to the stamp on her behalf. So long as the one who the signature stamp represents meant to sign a doc, the signature ought to be acceptable. This is why it's so widespread for companies to make use of signature stamps.
signature stamp legal issues
Of course, as with any authorized matter, things are never just black and white. There are major signature stamp authorized issues that may arise, 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 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 particular laws about their use, making certain 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 guidelines for notaries to observe in the event that they're to validate a doc when a signature stamp is to be used. These additional steps are to help forestall forgery and fraud. While state laws may fluctuate, they may embody 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 might want to have a doc notarized and you intend to sign with a signature stamp, make sure you mention this to your notary ahead of time so he can properly comply with state laws.
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