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Legal Points With Utilizing a Signature Stamp
While signature stamps are a reasonably ubiquitous piece of office equipment, a lot of people still question their place. It could make sense for a secretary to make use of one to sign simple letters on behalf of her boss, but it seems less obvious whether a signature stamp is authorized for checks or different important documents. That being said, signature stamps are fully authorized, even on notarized paperwork, as long as the person using them is allowed to do so and state laws are upheld.
what's a signature?
On its face, this query appears fairly easy, but legally and historically speaking, it's a little more complex. That's because while most people think of a signature as something created by a person writing their name (most often in cursive), that is not the only way somebody can sign a document. The legal definition of a signature is mostly based on the intention of the signer and whether or not he intended 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 couple of illiterate people in the world, not to point out these with handicaps that physically stop 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 consumer meant it to function one. This makes sense historically as the clergy and nobility largely relied on their seals quite than signatures to authenticate documents, and the illiterate lots would typically use just an X.
are signature stamps legal?
Just as an individual might still use a seal, a coat of arms or an X to sign a document, a rubber stamp signature is legally binding as long as the person who used the signature stamp was either the individual the stamp represents or somebody legally approved to use 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 firms to make use of signature stamps.
signature stamp authorized issues
After all, as with any legal matter, things are by no means just black and white. There are main signature stamp legal points that may 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've got the permission of the signer. To stop fraud by signature stamps, some states have specific laws about their use, guaranteeing 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 (however not all) states have particular rules for notaries to observe in the event that they're to validate a doc when a signature stamp is to be used. These extra steps are to assist forestall forgery and fraud. While state laws might fluctuate, they could embrace details like requiring one or witnesses to watch and sign that they saw 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 have to have a doc notarized and you plan to sign with a signature stamp, you should definitely mention this to your notary ahead of time so he can properly comply with state laws.
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