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Authorized Issues 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 make use of one to sign easy letters on behalf of her boss, however it seems less obvious whether a signature stamp is legal for checks or other vital documents. That being said, signature stamps are solely legal, even on notarized documents, so long as the particular person using them is allowed 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 people think of a signature as something created by an individual writing their name (most often in cursive), that isn't the only way someone can sign a document. The authorized definition of a signature is usually based mostly on the intention of the signer and whether he meant to authenticate the doc on which the signature appears, not how the signature is definitely made.
While it's far less common than it as soon as was, there are still quite just a few illiterate people on this planet, not to point out those 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's drawn, stamped or embossed can rely as a signature if its user supposed it to serve as one. This makes sense historically because the clergy and nobility largely relied on their seals rather than signatures to authenticate documents, and the illiterate lots would usually use just an X.
are signature stamps legal?
Just as a person 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 particular person the stamp represents or somebody legally licensed to use to the stamp on her behalf. So long as the one that the signature stamp represents intended to sign a document, the signature ought to be settle forable. This is why it's so widespread for firms to use signature stamps.
signature stamp legal points
In fact, as with any authorized matter, things are by no means just black and white. There are main signature stamp legal issues that can come up, the first 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 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, ensuring that approved 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 follow in the event that they're to validate a doc when a signature stamp is to be used. These additional steps are to assist forestall forgery and fraud. While state laws may range, they may include particulars like requiring one or two witnesses to watch 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 it is advisable 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 observe state laws.
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