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Are signature stamps legal for use in signing documents and checks and who is responsible for check fraud?
Wiki User
∙ 11y ago
The point of a signature is to indicate the signer's intent and exercise of discretion in making the signature. The mechanics of making the mark are less important.
In general, unless a jurisdiction has adopted a statute specifying specific requirements as to how a signature can be made someone can sign a document in many different ways. This includes facsimiles and rubber stamps. The signer can create the facsimile using the stamp or can authorize someone else to use the stamp in the signer's presence.
Some feel that using a stamp for a signature is impractical. The stamps could be lost or stolen. This would allow someone possessing the stamp to seemingly sign someone else's signature. However, in the absence of that person's intent and discretion such a signature is probably invalid from a legal perspective. Still, it might be a burden to fix such a situation. Critics of the stamp approach note that signing by hand may even take less time than inking the stamp and applying it to the document.
That said, many people and businesses routinely use stamps or other mechanical methods to endorse checks and sign documents.
You can read more about this concept in a legal encyclopedia such as 80 Corpus Juris Secundum, Signatures, sections 2 through 7.
Wiki User
∙ 11y ago
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Is X a legal signature on a job application for an illiterate person?
Yes. Read especially third paragraph below. (Identifying mark) "X" as a signature refers to a cross that is printed in lieu of an individual's signature. A signature is required to authenticate wills, deeds, and certain commercial instruments. Typically, individuals sign their full names when executing legal documents. Sometimes, however, individuals use only their initials or other identifying mark. For illiterate, incompetent, or disabled people, this mark is often the letter X. Documents signed with an X sometimes raise questions as to their validity and enforceability. For example, wills must be signed by the testator in order to be valid and enforceable. A testator's signature may take the form of his full name, nickname, initials, or other identifying mark, including a thumbprint or blood splotch. In many jurisdictions testators may authenticate their last will and testament with the letter X. Before an X may be treated as a binding signature during a proceeding to contest a will, courts commonly require the testimony of two people who witnessed the signature. The witnesses may also be questioned by the court to determine if the testator declared her intention of completing the will by signing it in this fashion. In other states the law requires courts to invalidate wills that are signed with an X unless the testator was physically or mentally incapable of signing her full name. Similar rules are applied by courts when evaluating the enforceability of real estate deeds that are signed with an X. Signatures also form the legal basis of negotiable instruments. Section 3-401(2) of the Uniform Commercial Code (UCC) provides that "[n]o person is liable on an instrument unless his signature appears thereon." The UCC defines the term signature as any name, Trade Name, assumed name, word, or other identifying mark used in lieu of a signature (§ 3-401(2)). The term signed is defined by the UCC as any symbol executed or adopted by a party with the "present intention of authenticating a writing" (§ 1-201(39)). Thus, commercial instruments, such as checks and promissory notes, may be signed by affixing any symbol that an individual intends to represent his signature. Consequently, courts will enforce commercial contracts signed with an X without regard to an individual's mental or physical ability to sign her full name, though mental or physical incapacity may be relevant if a particular contract is alleged to be the product of overreaching, Undue Influence, or coercion.
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true A+ users that's all I know
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