Signature in the United States

Signature Definition

In Ecclesiastical Law. The name of a sort of rescript, without seal, containing the supplication, the signature of the pope or his delegate, and the grant of a pardon. Diet. Dr. Canonique. In Practice. By signature is understood the act (according to the definition of Signature based on the The Cyclopedic Law Dictionary ) of putting down a man’s name at the end of an instrument, to adopt its statements, or attest its validity. The name thus written is also called a “signature.” It must be the actual writing of the name. or the doing of some act intended by the person to be equivalent to the actual signature of the name. Pry Specif. Pert § 517; 3 Mer. 2. It is not necessary that a party should write his name himself, to constitute a signature; nor is it necessary that it be written as distinguished from signing by mark, by print, by stamp, or by the hand of another, 157 Mass. 439; or another may, with the signer’s consent, guide his hand. 4 Wash. C. C. (.V. S.) 262, 269. A mark is sufficient even though the party is able to write. 8 Adol. & E. 94; 3 Nev. & P. 228; 3 Curt. C. C. (U. S.) 752; 2 Johns. (N. Y.) 144; and a printed name, if ratified and adopted, will suffice. See Sign. See more about the definition of Signature in the legalDictionaries

Who must sign contracts?

• Some jurisdictions hold that both parties must sign written agreement required.
• Vast majority require that the party that has been charged must have signed.
• There is some asymmetry in majority rule in that charged party might not have had a comparable cause of action had they been aggrieved.
• What does it mean to sign? ◦ Something that evinces the fact that party intended something of legal significance, then they authenticated the document.

See In re Arbitration between Acadia Company & Irving Edlitz (1960, New York Court of Appeals), where Edlitz, employee, had contract with Acadia providing for mandatory arbitration in the event of a dispute. Original contract was in writing, then extended orally. Edlitz is suing employer in State Court; employer wants case to be decided in arbitration. In New York, agreement to arbitrate needs to be in writing. Court finds oral extension of original written contract to be sufficient; extension is not new contract, it integrates original contract which was in writing.

Who Can Sign Contracts for a Corporation?

If either party is a corporation, someone who has authority to sign contracts on the corporation’s behalf, must sign the agreement. Authorization to sign contracts is addressed in the corporation’s bylaws and this can be a bit of a hassle, because the bylaws must be amended.

Resources

See Also

• Sign
• Counsel’s Signature
• Employee Handbook
• Statute Of Frauds