A signature might also be adequate to validate an instrument even if it is virtually illegible.
An individual can also use a fictitious name or the name of a business firm. For example, if a contract refers to "William Jones" but Jones signs his name "Bill Jones," the contract is still enforceable against him. 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. Variations between the signature and the name appearing in the body of the instrument do not automatically invalidate the instrument. When an instrument must be signed, it is ordinarily adequate if the signature is made in any commonly used manner. Almost all states have passed laws that recognize the validity of "digital signatures." Requisites and Validity The Internet and other forms of telecommunication have created the need to transact legally binding agreements electronically.
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.īecause 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. It may, for example, be typewritten, engraved, or stamped. However, it is not critical that a signature actually be written by hand for it to be legally valid. The term signature is generally understood to mean the signing of a written document with one's own hand. A mark or sign made by an individual on an instrument or document to signify knowledge, approval, acceptance, or obligation.
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