Legal Definitions - signature

In legal terms, a signature is a mark or sign made by a person, or at their direction, with the intention of authenticating a document or showing agreement. While traditionally a handwritten name, the concept has evolved significantly to include various forms of electronic authentication.

• Signature

  A signature is any mark or writing used by an individual with the intent to authenticate a document or signify agreement. It can be a person's name written by hand, or any symbol adopted to show that the writing belongs to or is approved by the signer.

  • Example 1: When you purchase a new car, you typically sign a sales agreement with a pen, writing your full name on the designated line.

    Explanation: This handwritten name serves as your signature, indicating your agreement to the terms of the car purchase contract and authenticating the document as yours.

  • Example 2: An individual who cannot write their name might make an "X" mark on a legal document, witnessed by others, to signify their approval.

    Explanation: Even a simple "X" can be a valid signature if it is made with the clear intent to authenticate the document and is often witnessed to confirm that intent.

  • Example 3: A company representative uses a pre-approved rubber stamp bearing the company's name and their title on a large volume of outgoing invoices.

    Explanation: If the company has authorized the use of this stamp by the representative for this purpose, the stamped mark acts as a valid signature, authenticating the invoices on behalf of the company.

• Digital Signature

  A digital signature is a highly secure, encrypted digital code attached to an electronically transmitted message or document. It uses cryptographic techniques to uniquely identify and authenticate the sender, and to ensure that the document has not been altered since it was signed.

  • Example 1: A government agency requires all electronically submitted grant applications to be signed with a certified digital signature.

    Explanation: The digital signature provides a high level of assurance that the application truly came from the stated applicant and that its contents have not been tampered with during transmission.

  • Example 2: A software company releases an update for its popular application, and the update file includes a digital signature from the company.

    Explanation: This digital signature allows users to verify that the update genuinely came from the software company and has not been maliciously altered by a third party, enhancing security and trust.

  • Example 3: A financial institution uses digital signatures to authenticate internal memos containing sensitive financial data before they are distributed to executives.

    Explanation: The digital signature ensures the integrity and authenticity of the memo, confirming its origin and that its content remains unchanged, which is crucial for sensitive financial communications.

• Electronic Signature

  An electronic signature is any electronic sound, symbol, or process that is attached to or logically associated with a document and executed or adopted by a person with the intent to sign. This is a broader category than digital signatures and does not necessarily involve advanced encryption or authentication measures.

  • Example 1: When ordering items online, you click an "I Accept" button after reviewing the terms and conditions of sale.

    Explanation: Clicking this button, with the intent to agree to the terms, constitutes an electronic signature, forming a legally binding agreement for your purchase.

  • Example 2: You receive an email asking for your consent to share your medical records, and you reply with "I consent" followed by your typed name at the end of the email.

    Explanation: Your typed name, coupled with your explicit statement of consent, serves as an electronic signature, indicating your agreement to the sharing of your records.

  • Example 3: A delivery driver hands you a tablet to sign for a package, and you use your finger or a stylus to draw your signature on the screen.

    Explanation: The image of your handwritten signature captured on the tablet screen is an electronic signature, confirming your receipt of the package.

• Facsimile Signature

  A facsimile signature is a signature that has been reproduced by mechanical or photographic means, or a signature that has been transmitted via a fax machine.

  • Example 1: A university president's signature is pre-printed on thousands of diplomas issued to graduating students each year.

    Explanation: The pre-printed signature is a mechanical reproduction of the president's actual signature, making it a facsimile signature used for efficiency in mass document production.

  • Example 2: A doctor's office uses a stamp with the doctor's signature to authorize routine prescription refills, as long as the doctor has approved this practice.

    Explanation: The stamped signature is a mechanically reproduced version of the doctor's signature, serving as a facsimile signature for administrative convenience.

  • Example 3: A real estate agent signs a purchase offer by hand and then sends it to the seller's agent via a fax machine.

    Explanation: The signature on the document received by the seller's agent is a facsimile signature because it was transmitted and reproduced through a fax machine.

• Private Signature

  In civil law systems, a private signature refers to a signature made on a document that has not been witnessed or notarized by a public official. It is typically used for documents intended for personal use or agreements between private parties without formal public verification.

  • Example 1: An individual writes their last will and testament entirely by hand and signs it at the bottom, without anyone else present to witness it.

    Explanation: This handwritten will, signed only by the testator, would be considered to bear a private signature because no witnesses or notary public were involved in its execution.

  • Example 2: Two friends create a simple written agreement outlining the terms of a personal loan between them, and both sign it without involving any third parties.

    Explanation: The signatures on this informal loan agreement are private signatures, as they were made solely by the parties involved without external witnessing or notarization.

  • Example 3: A person signs a personal letter expressing their wishes regarding their funeral arrangements, intending it for their family, but not as a legally binding directive.

    Explanation: This signature is private because the document is not a formal legal instrument and was not executed with the formalities of witnessing or notarization.

• Unauthorized Signature

  An unauthorized signature is a signature made without actual, implied, or apparent permission or authority. This includes instances of forgery.

  • Example 1: An office intern, without permission, signs their manager's name on a crucial contract to try and speed up a deal.

    Explanation: The intern's signature is unauthorized because they lacked any authority from the manager or the company to sign on their behalf, even if their intention was to help.

  • Example 2: A criminal steals someone's identity and then signs their name on a credit card application to open a new account.

    Explanation: This is a clear case of an unauthorized signature, as the criminal had no right or permission to use the victim's identity or sign their name, constituting forgery.

  • Example 3: A disgruntled former employee accesses company letterhead and signs a letter of recommendation for a friend, pretending to be their old supervisor.

    Explanation: Since the employee no longer works for the company and had no authority to act on its behalf, the signature is unauthorized, as it was made without any legitimate permission.