An original signature is a person's handwritten name added to a document that identifies the individual, acts as a way of authentication of the document's contents, offers responsibility for the document's development, and provides accountability for the document's contents. Original signatures are important in transactions regarding art, antiques, and other valuables because they provide evidence of ownership. In contracts, agreements, and other documents where authenticity is essential, an original signature is required by law in some countries.
In the United States, federal law requires that certain securities be signed by their owners. The Securities Act of 1933 states that "in order for [an unregistered security] to be valid it must be signed by its owner." Similarly, the Securities Exchange Act of 1934 states that "every registration statement shall be signed by the managing executive... or by one or more persons specifically authorized by the managing executive."
In the United Kingdom, the Financial Services Authority (FSA) requires that certain contracts and agreements relating to investments, mortgages, credit cards, and other financial products be signed by the person on whose behalf it is being done. As in the United States, this provision ensures that only those who have agreed to be bound by the terms of the contract can agree to do so. It also demonstrates that someone is responsible for the work undertaken and allows parties to seek redress if the product was not performed or delivered as promised.
An individual's mark or sign on an instrument or document to indicate knowledge, permission, acceptance, or obligation. The term "signature" is commonly used to refer to the act of signing a written document with one's own hand. But it can also refer to any mark, symbol, or indication made by someone who has signed a contract or other legal document.
In law, a signature is the manifest declaration of a party to an agreement or transaction indicating his consent thereto. It may be made by writing or printing, as by stamp, sample, or figure; or it may be made orally, as by word of mouth. The signature must be authentic and voluntary; that is, it must come from the person named in the document as having authorized it, and such authority cannot be inferred merely from the position of a manager or agent. A signature is required by every legal document except wills and trusts, which can usually be signed by a proxy or attorney-in-fact. A notary public's certification of the date and place of signing as well as of the identity of the signer is sufficient evidence of authenticity for most purposes.
A signature is the manifestation of intent to create a valid contract. Even if there is no handwriting sample, its absence does not prevent a contract from coming into existence. However, absent a handwriting sample, it is more difficult to establish the validity of the contract after it has been executed.
A "signature" is a one-of-a-kind identification of you, your personality, and who you are as an individual. A "printed name" is a derivation of your unverified identity that lacks validation of its uniqueness, character, or who you are as an individual. So although it may say Harry Potter on your printed name tag, there is no proof that this is indeed you until you verify your identity.
Your signature is something only you can give away or lose. If you sign a document without thinking, then it is a signature. If not, then it is just printing. Your signature is about who you are and how you express yourself through writing.
Your printed name is used to identify you in an official capacity; it is your verification code. Some companies will also use your printed name as their way of contacting you with important information. For example, my printed name is used as an email address - [email protected] - so if I ever get invited to join some kind of list-serve network, I would know to check my inbox for messages from that company.
Your printed name does not tell us anything about you as a person. It is simply there to validate your identity when you write something in an official capacity. As long as you continue to print your identity every time you sign a document, you will never be able to give away your signature.
Forgery of Signatures The act of forging another person's signature is known as signature forgery. A signature can be found on a driver's license, a deed, a will, a cheque, or any other document. A person's desire to agree with the conditions set out in a document is implied by signing it. If the signer writes his or her name in full knowledge that it is being used for a legal purpose, then he or she has agreed to all of the conditions contained within the document and cannot deny their validity afterward.
Signature forgery involves taking the original signature and using it to create a new document that appears to be an official record of some kind. This may include documents such as wills, contracts, mortgages, or tax forms. For example, if I wanted to appear like I had bought a house when I had not yet done so, I could forge my neighbor's signature on a contract for purchase and sale of real estate. The law considers this type of activity fraud because I intended to deceive others by leading them to believe that I had complied with the requirements to buy a house, when I had not. I could be convicted of forgery if caught.
In addition to being convicted of a crime, those who forge signatures may face civil penalties. For example, if you are found to have forged your neighbor's signature on a contract for purchase and sale of real estate, your neighbor may sue you for damages resulting from your deception.
However, it is not necessary for a signature to be written by hand in order for it to be legally legitimate. It might be typewritten, etched, or stamped, for example. The only requirement is that it must be done properly under the law by someone who has the authority to do so.
A signature is considered legal if it meets two requirements: first, it must be written by a person who has the power to bind the party he or she signs; second, it must be signed in the presence of at least one other person (who may be anyone from an agent to an heir) who can witness it.
For example, if I sign my name on a contract as "John Doe", this is not a valid signature because I did not sign as a representative of some entity able to bind me. On the other hand, if I sign "John Doe & Associates", this is a valid signature because we are a company and companies can bind their representatives with written documents. Also note that corporations cannot marry, so when we say that "John Doe signed...", we mean that "John Doe & Associates signed..."
In conclusion, a signature is any mark made by a person authorized to sign documents which identifies that person as being the author of the document.