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Signature

This entry contains information applicable to United States law only.

A mark or sign made by an individual on an instrument or document to signify knowledge, approval, acceptance, or obligation.

The term signature is generally understood to mean the signing of a written document with one's own hand. However, it is not critical that a signature actually be written by hand for it to be legally valid. It may, for example, be typewritten, engraved, or stamped. A signature consists of the act of writing one's name, coupled with the intention of authenticating the instrument or document signed. The purpose of a signature is to authenticate a writing, or provide notice of its source, and to bind the individual signing the writing by the provisions contained in the document.

Because a signature can obligate a party to terms of a contract or verify that the person intended to make a last will and testament, the law has developed rules that govern what constitutes a legally valid signature. The internet and other forms of telecommunication have created the desire to transact legally binding agreements electronically. Some states are beginning to pass laws that recognize the validity of "digital signatures."

Requisites and Validity

When an instrument must be signed, it is ordinarily adequate if the signature is made in any commonly used manner. Variations between the signature and the name appearing in the body of the instrument do not automatically invalidate the instrument.

In the absence of a statutory prohibition, an individual can use any character, symbol, figure, or designation he wishes to adopt as a signature, and if he uses it as a substitute for his name, he is bound by it. For example, if a contract refers to " William Jones" but Jones signs his name "Bill Jones," the contract is still enforceable against him. An individual can also use a fictitious name or the name of a business firm. A signature might also be adequate to validate an instrument even if it is virtually illegible. The entire name does not have to be written, and the inclusion of a middle name is not significant.

An individual satisfies the signing requirement when someone who has been duly authorized to sign for him does so. In the event a statute mandates an instrument be signed in person, the signature must be made in the signer's own hand or at his request and in his presence by another individual.

In a situation where an individual intends to sign as a witness but instead inadvertently signs the instrument in the place where the principal is to sign, the fact that she should have signed as a witness can be shown. Conversely when a signer intends to sign as a principal but instead signs in the place for a witness, that fact can also be shown.

Abbreviations, Initials, or Mark

In situations that do not require a more complete signature, an instrument can be properly signed when the initial letter or letters of the given name or names are used together with the surname (J. Doe), when only the full surname is used (Doe), when only the given name is used (John), or even when only the initials are used (J. D.).

A mark is ordinarily a cross or X made in substitution for the signature of an individual who is unable to write. In the absence of contrary statutory provision, a mark can be used by an individual who knows how to write but is unable to do so because of a physical illness or disability. A mark has the same binding effect upon the individual making it as does a signature. In some statutes a signature is defined as including a mark made by an individual who is infirm or illiterate.

Generally the name of the person who makes her mark can be written by anyone, and the mark is not necessarily invalidated because the individual writing the name accompanying the mark misspells the name or because the words stating that the symbol is intended as a mark are omitted. In the absence of a statute that requires a name to accompany the mark, the validity of the mark as a signature is not affected by the fact that a name does not accompany it.

When a mark is used as a signature, it can be put wherever the signature can appear. When there is a requirement that the name must accompany the mark, the fact that the mark and the name are not in immediate proximity does not invalidate the mark.

Certain statutes mandate that a witness must attest to a signature made by a mark. Under such statutes, if the mark is not properly witnessed, the instrument is not signed and is legally ineffective. These laws were enacted to prevent fraud, because it is difficult, if not impossible, to later determine if the alleged signer actually made the mark.

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Q: What constitutes a legal signature?
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Related questions

Is a typed signature legal?

A legal signature must be written by hand, not typed.


Are Signature Stamps legal signatures?

Signature stamps are legal when used for payroll. Signature stamps are not legal for documents like life insurance policies. Signature stamps are also not legal for deeds for property or for titles for automobiles and other titled possessions.


Are stamped signatures legal?

Signature stamps are legal when used for payroll. Signature stamps are not legal for documents like life insurance policies. Signature stamps are also not legal for deeds for property or for titles for automobiles and other titled possessions.


Is it legal for an insurance agent to forge your signature?

No. Forging a signature is a crime.


Is it legal to highlight a signature line on a contract?

yes you can highlight for signature


Does a legal letter require a signature to be honored by another attorney?

Yes, a legal letter generally requires a signature to be considered valid and to be treated with legal significance by another attorney. A signature on a legal document confirms the authenticity of the sender and their intent to take responsibility for the contents of the letter.


Is it legal to file taxes without signature?

Legal...Yes..but acceptable as a complete filing...NO.


Is it illegal to put an x near a signature line on contract?

No, you can put an X or an arrow or a little sticky tag that says "Sign Here" or any other indication that a signature is required. If you're asking if the "X" mark constitutes a valid signature, the answer is "probably", but only if it was made with the intent to be a signature on the document.


Is a marriage legal if the pastor's signature was forged?

Of course not. Forgery negates any legal document.


What does time signature mean?

The time signature, also known as meter signature or bar signature is a notational convention used in musical notation to say how many beats are in each measure and which note constitutes one beat. In a musical score, the time signature appears at the beginning of the piece.


Can you have symbols in your signature?

Your legal signature is the way you sign your name, but is meant to help prove your identity and should match the signature on your official identification. Symbols are allowed, but are not encouraged. You can use hearts or stars to dot the I, for example, as long as your actual name appears and is not covered/defaced by the symbol. If the symbol is independent of your signature, such as drawing a symbol near your name, then the symbol is not allowed. This only refers to your legal signature being used on legal documents.


Backslash s backslash in legal document?

Electronic Signature