While signature stamps are a fairly ubiquitous piece of office equipment, a lot of people still question 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 seems less obvious whether or not a signature stamp is legal for checks or other important documents. That being said, signature stamps are solely legal, even on notarized documents, so long as the particular person using them is authorized to take action and state laws are upheld.

what's a signature?
On its face, this question appears moderately simple, 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 an individual writing their name (most frequently in cursive), that isn't the only way someone can sign a document. The authorized definition of a signature is usually based on the intention of the signer and whether he meant to authenticate the document on which the signature seems, not how the signature is definitely made.

While it's far less common than it once was, there are still quite just a few illiterate individuals on the earth, to not mention those with handicaps that physically forestall them from signing their name. For these people, a simple X or one other mark will suffice as a signature. Alternatively, a coat of arms or one other image that's drawn, stamped or embossed can count 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 somewhat than signatures to authenticate documents, and the illiterate lots would typically use just an X.

are signature stamps legal?
Just as a person 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 one who used the signature stamp was either the individual the stamp represents or someone legally approved to use to the stamp on her behalf. As long as the one who the signature stamp represents intended to sign a document, the signature needs to be settle forable. This is why it's so widespread for companies to make use of signature stamps.

signature stamp legal points
In fact, as with any legal matter, things are never just black and white. There are main signature stamp authorized issues that can arise, the first being what occurs when it's used without permission. After all, a signature stamp only counts as a authorized signature if it has the intention of the individual being represented by the signature.

Misusing or falsely using 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.

Equally, some (however not all) states have particular guidelines for notaries to follow in the event that they're to validate a doc when a signature stamp is to be used. These extra steps are to assist stop forgery and fraud. While state laws may range, they might 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 certificate that the signature was made with a stamp and to name the signer. If it's worthwhile to have a document notarized and you intend to sign with a signature stamp, you'll want to mention this to your notary ahead of time so he can properly comply with state laws.