Legal Question in Investment Law in California

fax signature

Are fax signatures legal?


Asked on 7/27/06, 12:10 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: fax signature

Most of the time, yes. There are still a few instruments that require original signatures, I guess including wills, deeds, articles of incorporation, opwers of attorney and a few more. However, FAXed contract documents are almost always treated as perfectly binding in California and most everywhere.

For example, I can file legal documents in any court in California by FAX; hand delivery is often required, but I use a local messenger in the distant county who receives my papers by FAX then walks them across the street to the court clerk's office.

Furthermore, electronic signatures that don't even resemble handwriting can now be used for many purposes, including filing Federal trademark applications on line.

This is not new law, either. Decades ago, courts were holding that anything on a writing that strongly suggested it was intended as a signature at the time the writing was made would be treated as such in a lawsuit over the writing, e.g., initials, use of a personal letterhead, a typed signature, a telegram, etc.

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Answered on 7/27/06, 1:07 am


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