The signature is the most common way to indicate that you have read and agreed to a contract, even if one's signature is so unique and stylized as to be virtually illegible. "Digital Signatures."
You might need to set up a “facsimile signature” agreement.
How to Write a Letter of Indemnity (and When You Need One). Signatures can also be made with stamps or with electronic means, since these are all different forms of writing implements. (Post #328927).
Consequently, the court ruled that the facsimile agreement was a valid and enforceable contract exonerating the bank from liability for Addison’s losses.
It can be -- as many signatures end up -- a series of squiggles, a picture, or historically, even the traditional "X" for people who couldn't read and write. The Customer acknowledges that reliance on such facsimile signatures by the ... • Execute other agreements that the Bank may require, and perform or cause to be performed any further action necessary to carry out the purposes of this Authorization. Facsimile Signature. In many cases, several copies of a contract document are prepared, so that all parties and signatories can have a copy of the contract.
Given that in any mainstream transaction email would probably provide plenty of evidence regarding what had been agreed to and what stage the transaction had reached, the odds of someone being able to get away with forgery, or attempting to get out of a deal by dreaming up a claim of forgery, would seem slim. Under ESIGN, UETA, and most state laws, individuals and businesses must take certain measures to make e-contracts and signatures valid and enforceable. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by either Party to the other Party and the receiving Party may …
Fax signatures are probably the primary way contracts are signed today, and broadly speaking, basic contract law recognizes a large variety of signature types where a mark or sign is made with an intent to subscribe to the terms of an agreement. People seem very reluctant to send ink-on-paper originals these days.
The Uniform Electronic Transactions Act (adopted in almost every state) seems to say that e-signatures are okay, but are scans or faxes of the signature enforceable?
I’d add a couple of thoughts.
This Agreement may be executed by facsimile signature and a facsimile signature shall constitute an original for all purposes. Counterparts and Legally Binding Signatures, How to Keep Employees from Working for the Competition, 3 Documents You Need When Hiring a Contract Worker, How a Consent Decree Works and When It's Used. If you are unable to sign the contract yourself, you can always give someone, called an "agent," the authority to sign on your behalf. A signed original copy of any legal document is always an acceptable counterpart. The 2000 Electronic Signatures in Global and National Commerce Act (E-Sign Act) allows the use of electronic records in consumer contracts as long as the consumer has "affirmatively consented" to its use.
Why You Need a Personal Guarantee for a Business Loan or Lease, The Balance Small Business is part of the, Uniform Electronic Transaction Act (UETA), 21st Century Integrated Digital Experience Act, The Electronic Signatures in Global and National Commerce Act (E-Sign Act), 21st Century Integrated Digital Experience Act and GSA.
However, that is not really necessary. Whether it's a formal signature, an electronic signature, or simply an "x," you want to make sure the signatures on your contracts are valid. Thus the question posed is the right one—not are fax signatures and pdf signature pages valid to indicate assent to the term of a contract—they generally are—but are they enforceable.
What a Counterpart Is .
Whatever method you choose, courts will consider whether you made the "signature," intended to make the signature, and whether you intended the signature to signify your agreement to the contract.