A signature serves as a stylized representation of a person’s name, surname, or initials that is applied to a document, such as a contract. Its purpose is multifaceted and includes acting as identification of the signatory, confirming the contents of a document, and verifying the authenticity and validity of the signed document. The specific meaning of a signature may vary depending on the type of document being signed. For example, when signing a contract, the signature signifies the signatory’s identity, agreement to the contract’s terms and conditions, and intention to be legally bound by it. Similarly, when signing a receipt for a card payment, the signature authenticates the signatory, acknowledges the correctness of the payment amount, and confirms permission for the store to charge the card. Additionally, a signature can serve as proof of delivery and receipt when signing for a parcel.
In cases where an individual is unable to physically sign a document themselves due to illiteracy or a physical condition, they may make a mark (such as an ‘X’) or use a thumbprint in the presence of a commissioner of oaths or a notary. Alternatively, a representative may sign on behalf of someone else, provided they have written authorization in the form of a signed resolution or power of attorney.
Witnesses are often included in contracts to verify the signature of a party and confirm their identity. Witnesses do not need to know the contents of the contract and are called upon to provide evidence in cases where a party claims they did not sign the contract.
It is crucial for individuals to read and understand the contents of a contract before signing, as they will be legally bound by its terms even if they did not read it. While contracts should ideally be written in plain and understandable language, it remains the responsibility of the signatory to ensure comprehension of the terms and conditions. Exceptions to this rule can occur, such as when a person is coerced or threatened into signing a contract or when the text of a contract is unreasonably small.
Electronic signatures have become increasingly valid and accepted as technology advances. Various types of electronic signatures can be used, including those found in emails, website “click to accept” functions, username and password combinations, and digitized signatures. These electronic signatures have the same function and purpose as physical signatures and bind the signatory to the associated terms and conditions. However, there are certain contracts, such as those for the sale of property, that still require physical signatures.
In cases where a signature is disputed or alleged to be forged, a handwriting expert can be consulted for investigation. Witnesses present during the signing of a contract can also be called upon to provide evidence. If a signature is indeed forged, legal action can be taken against the responsible party, and if financial losses occur, damages can be claimed.
To ensure the proper execution of a signature, individuals should carefully read and understand the document before signing, seeking clarification or legal advice if necessary. Blank spaces in the document should be completed or crossed out, and any necessary changes should be made before signing. It is vital to review the document again after changes are made. The importance of reading a document before signing cannot be overstated.
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.