Valid signature for contract

previousmass

We issue contract to clients. The template contract has a picture of the CEOs signature. The person issuing the contract fills in the other party and the signature date.

Does an image of a signature put into a word document constitute a valid contract signature? [ in films they sometimes reference making your mark so maybe the legal requirements are quite loose]. Does it matter that the signature date doesn't match when the signature happened or that the contract was modified after signature?

ohnonotgmail

There is no requirement for contracts to be signed at all, or even for them to be in writing. An essential element is intention. Both parties must intend to create a contract. Signatures on written contracts are one way to do that. The fact that the signature is not handwritten doesnt change much, if anything.

previousmass

Would sending a contract to another party be sufficient to show intent?

Peregrinus

previousmass wrote: »

Would sending a contract to another party be sufficient to show intent?

Depends on the context. If you send out a contract document for review or comment, obviously you're not intending to be bound at that point. Signature can be significant because if you sign the contract before sending it out, or attach a facsimile signature, that typically indicates that as far as you're concerned the contract is in final form and will bind both parties if accepted without alteration.

ohnonotgmail

probably best if you start here https://businessandlegal.ie/contract-law-in-ireland-the-essentials

4ensic15

previousmass wrote: »

We issue contract to clients. The template contract has a picture of the CEOs signature. The person issuing the contract fills in the other party and the signature date.

Does an image of a signature put into a word document constitute a valid contract signature? [ in films they sometimes reference making your mark so maybe the legal requirements are quite loose]. Does it matter that the signature date doesn't match when the signature happened or that the contract was modified after signature?

A contract is a metaphysical object and is never signed.

boege

I am not a solicitor but I work closely with them on contracts and the practice described would stand any solicitors hair.

What is stopping anyone within the company using the template signature for improper business? What is stopping someone outside the company lifting the signature and using it?

Also if the CEO does not give separate written approval for each contract where is the proof that the CEO actually accepted the agreement.

Finally, in the event of any dispute with a contract, the first thing a solicitor will request is an original signed contract.

Most well run companies will have a signing authority policy and this will set out who can sign what and what agreements require approval of the board of the company. Usually above a certain financial amount.

I have seen contracts edited by the opposing party after they were issued as accepted for signature. The edits were made and the contact signed and sent back for to us for signing with no mention of the changes.Plenty more stories like that to tell.

The one point I would make is that the legal professional have been very slow to go with digital signatures. A certified digital signature is fairly robust but Ireland is well behind in this area.