Just typing a name on a form and clicking submit has several issues that prevent it from being upheld in a court of law, these are:. Simply typing your name into a document cannot tie that typed signature to the document. You need to have specialist software like ApproveMe to 'hash' the document content. Hashing the document creates a unique 'fingerprint' so that if the document changes, you'll be warned as your signature will become invalid and an event of the change will be captured.
The introduction of eSignature laws that gave legal weight to electronic signatures are what adds meaning to them. But it wasn't until the development of usable eSignature software, like ApproveMe, that electronic signing came into its own.
Specialist signing solutions allow you to make document signing part of a business process. Adding initials to the pages of a contract is not a legally binding signature that shows you agree to the terms of the contract.
The addition of initials on a page show that you have read that page of the document. Adding initials is a good tool for preventing the inclusion of pages that have not been agreed on. You can have as many signatures as you like, but on any given document you should stick to the type of signature best suited to that document. So, a hard copy document would require a handwritten wet signature, and an electronic document signed online would require a legally binding eSignature.
It may be that you require multiple signatories on a single document. In principle, you could have a mix of wet and electronic signatures.
However, in practice, this is not ideal. You should always apply the same rules for the type of signature applied to all parties.
This will remove any discrepancies between the signatures. For example, if eSignatures are applied, then audit rules and document hashing methodologies are applied uniformly.
If you find that you can no longer write your own signature, for example you may become disabled and lose the use of your hand, there are alternatives that can be used. The trick is to have a notary or other legal entity 'attest a mark'.
This mark can be an alternative to a wet signature that is allowed for this individual. This could be an X, or a fingerprint, or some other mark as long as a legal entity, such as a notary, has attested that the individual is the person making the mark. If this is the case, it will be the equivalent of a hand written signature.
If the person could use a computer, then an electronic signature could also be an option, as signing documents online often involves a simple click or the addition of a mark. A wet signature is one made by using a pen on hard copy paper.
A digital signature is the process by which a document is signed online. This happens when a software that is creating the digital signature performs a routine to create a signature. This usually involves creating a hash of the document content so that any changes can be easily identified.
It also has a mechanism for then 'signing' that hashed content usually using a digital certificate. An electronic signature can be anything that constitutes an online mark, like a symbol or an image of your signature.
Electronic signatures don't have the security of a digital signature, as they don't create a hash of a document, or tie the signature to the document itself. Products, like ApproveMe, which allow you to sign documents online, use a combination of the security of digital signature technology with the ease of use of electronic signatures. In fact, the ESIGN eSignature law, which sets out the legal requirements for an electronic signature states that a signature can be: "an electronic sound, symbol, process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record and be legally bound.
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