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I am president of my company. When I sign a legal document,

Customer Question
I am president of...

I am president of my company. When I sign a legal document, do I have to write my title after my signature even though it appears after my typed name.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

In the state of Florida. My company is an S Corp

Lawyer's Assistant: Has anything been filed or reported?

Nothing has been reported. I suffer from arthritis so the less I have to write the better.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is a signature stamp legal to use on company documents?

Submitted: 1 month ago.Category: Legal
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Answered in 1 minute by:
1/5/2018
Lawyer: legalgems, Lawyer replied 1 month ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,870
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 1 month ago

The reason it is important to put one's position within the company is that if the person signs as an individual, they can be liable based on "piercing the corporate veil". As such, in order to avoid personal liability it is important to put one's legal position so the other party cannot claim that the individual signed in their personal capacity.

Here is an advisory opinion by the attorney general of FL which addresses how signature stamps are permissible by a notary-it does not address corporate documents signed by an owner but presumably the same theory would apply.

Case law supports this:

The law is that a signature may be legally made not only by the signer himself, but by and through someone duly authorized by him. 80 C.J.S. Signatures § 2a, page 1287. In 80 C.J.S. Signatures § 7, page 1292, it is said:

In the absence of a statute prescribing the method of affixing a signature, it may be affixed in many different ways. It may be written by hand, and, generally, in the absence of a statute otherwise providing, it may be printed, stamped, typewritten, engraved, photographed, or cut from one instrument and attached to another. A signature lithographed on an instrument by a party may be sufficient for the purpose of signing it, and it has been held or recognized that it is immaterial with what kind of an instrument a signature is made. Facsimile signature of a person may be a genuine signature.

Please see state v hickman, 189 So.2d 254 (2 D.C.A. Fla., 1966), referenced here:

http://www.myfloridalegal.com/ago.nsf/Opinions/0BE9FE932CD867CE8525658D006BA806

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Lawyer: legalgems, Lawyer replied 1 month ago

Hello again; just checking in to see how things worked out;

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