Validity of a Facsimile Signature
Is a facsimile signature just as good as a real signature to a contract?
Asked on 1/08/03, 3:52 pm
2 Answers from Attorneys
Mitchell Roth
MW Roth, Professional Law Corporation
Re: Validity of a Facsimile Signature
A signature under California law is any mark adopted by a party as his signature. Therefore the answer is maybe. The best practice to assure validity is to incorporate right in the document a representation that the parties agree that a facsimile signature is valid for all purposes as an orginal signature.
Answered on 1/08/03, 4:39 pm
Sargis Atanous
LAW OFFICE OF SARGIS G. ATANOUS
Re: Validity of a Facsimile Signature
Yes. However, the person introducing the contract (enforcing it) as evidence may have a problem with the "Best Evidence" rule if he/she does not have the original signature document.
Answered on 1/08/03, 11:47 pm
