aren’t by now easy to fake? (e.g hand-writing robots)
Plus we often do digital signatures, which are basically a jpg on top of a PDF document, no?
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Where I’m from, digital signatures are not simply jpegs.
To sign digitally, you open a special software, insert your ID in ID card reader and then sign by entering two pin codes.
The primary purpose of a signature is not to authenticate. It’s to provide a clear action that signifies “I am now hereby agreeing to this contract.” In theory it could be done in other ways, like you could have a checkbox that says “check here to sign the contract.” But signatures are a traditional and agreed-upon way of doing this.
The primary purpose of a signature is not to authenticate. It’s to provide a clear action that signifies “I am now hereby agreeing to this contract.” In theory it could be done in other ways, like you could have a checkbox that says “check here to sign the contract.” But signatures are a traditional and agreed-upon way of doing this.
A digital signature is usually more than just the image, it also logs all sorts of information about the device doing the signature which could be used to verify identity.
A digital signature is usually more than just the image, it also logs all sorts of information about the device doing the signature which could be used to verify identity.
The “wet ink” signature is still left over from 2000’s E-Sign Act, which made digital signatures equivalent to their physical counterparts in most cases.
[https://www.law.cornell.edu/uscode/text/15/chapter-96](https://ncua.gov/regulation-supervision/manuals-guides/federal-consumer-financial-protection-guide/compliance-management/deposit-regulations/electronic-signatures-global-and-national-commerce-act-e-sign-act)
>There are some things that the law excepted out:
>
>adoption paperwork;
>
>court orders;
>
>divorce decrees;
>
>hazardous material transport documentation;
>
>insurance benefits cancellations;
>
>notices of default, foreclosure, repossession and eviction;
>
>official court documentation;
>
>product recalls;
>
>some Uniform Commercial Code documentation;
>
>utility service cancellation notifications; and
>
>wills, codicils and trust documents.
Over time, more and more of these have been adopted into electronic signatures.
A CONTRACT does not even need a piece of paper to be enforceable (but it HELPS) – a verbal contract is still binding. An un-notarized contract is still binding.. heck shrink-wrap and click-through contracts are still binding.
What each of these things do is reduce the parties ability to deny the terms of the contract (writing it down) or deny agreeing to the contract (repudiation).
The “wet ink” signature is still left over from 2000’s E-Sign Act, which made digital signatures equivalent to their physical counterparts in most cases.
[https://www.law.cornell.edu/uscode/text/15/chapter-96](https://ncua.gov/regulation-supervision/manuals-guides/federal-consumer-financial-protection-guide/compliance-management/deposit-regulations/electronic-signatures-global-and-national-commerce-act-e-sign-act)
>There are some things that the law excepted out:
>
>adoption paperwork;
>
>court orders;
>
>divorce decrees;
>
>hazardous material transport documentation;
>
>insurance benefits cancellations;
>
>notices of default, foreclosure, repossession and eviction;
>
>official court documentation;
>
>product recalls;
>
>some Uniform Commercial Code documentation;
>
>utility service cancellation notifications; and
>
>wills, codicils and trust documents.
Over time, more and more of these have been adopted into electronic signatures.
A CONTRACT does not even need a piece of paper to be enforceable (but it HELPS) – a verbal contract is still binding. An un-notarized contract is still binding.. heck shrink-wrap and click-through contracts are still binding.
What each of these things do is reduce the parties ability to deny the terms of the contract (writing it down) or deny agreeing to the contract (repudiation).
Being a Notary might seem like not that big of a deal – however it’s a felony for them to drop the ball and they take it very seriously. My wife’s ex testified in court that his signature on some notarized document was forged. Small town, everyone in the courtroom knew the notary and knew that because it was her, the signature was most certainly NOT a forgery. My wife said he was very lucky that the judge just ruled against him instead of pursuing perjury charges. In any case, the lie just completely destroyed the ex’s credibility.
Being a Notary might seem like not that big of a deal – however it’s a felony for them to drop the ball and they take it very seriously. My wife’s ex testified in court that his signature on some notarized document was forged. Small town, everyone in the courtroom knew the notary and knew that because it was her, the signature was most certainly NOT a forgery. My wife said he was very lucky that the judge just ruled against him instead of pursuing perjury charges. In any case, the lie just completely destroyed the ex’s credibility.
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