What does “Wet Signature” mean?
August 21, 2024
A wet signature, in legal terms, refers to a person’s name written by hand on a physical document, typically using ink.
The wet in the sentence refers to the ink requiring some time to dry. This traditional form of signing has been the standard method of authenticating documents for centuries.
Historically, signatures have been used since ancient times. In medieval Europe, people often used wax seals or symbols to authenticate documents. The handwritten signature as we know it today became widespread during the 17th and 18th centuries, coinciding with increased literacy rates and the rise of contract law.
It has become a popular term in more recent times to distinguish between paper signatures and electronic or digital signatures.
Understanding Wet Signatures and Digital Alternatives
1. True Wet Signatures
These are handwritten signatures made with ink on physical paper.
When required:
- Legal documents requiring original signatures
- Some government forms
- Certain financial or real estate transactions
Process: Sign the physical document and mail or hand deliver it back.
2. Digitally Captured Wet Signatures
A digital image or representation of a handwritten signature
When acceptable:
- Many business transactions
- Situations where the recipient explicitly accepts scanned copies
Process: Print the document, Sign it with a pen, Scan the document or take a picture with your phone and Email the scanned copy back.
3. Electronic Signatures
A digital method of indicating agreement or consent
When used:
- Most routine business transactions
- Many legal documents (where allowed by law)
Process: Use e-signature platforms like Docusign or Adobe E-Sign. Type, draw or upload your signature electronically
4. Digital Signatures
A highly secure form of electronic signature using encryption
When used:
- High-security documents
- Some government and financial sector transactions
Process: Use specialized digital signature software and apply your encrypted digital signature
What Does it Mean When a Document Requires a Wet Signature?
- The signer must physically write their signature on the document
- A digital or electronic signature is not acceptable
- The document likely has legal or formal importance
Important Considerations
- Always check the specific requirements for each document
- Some documents may require a true wet signature on the original paper
- Others may accept a scanned copy of a wet signature
- Many transactions now accept or prefer purely electronic signatures
When in doubt ask the recipient what form of signature they require. Clarify if they need the original document mailed or if a scanned copy is acceptable. For important legal or financial documents, it is worth consulting with a legal professional about signature requirements.
Where have digital signatures replaced wet signatures?
Document Type | Most common form of signature | Additional Notes |
Business Contracts | Electronic Signatures | High-value deals can sometimes still require wet signatures or digital signatures |
Banking | Electronic Signatures | Account openings can still use digitally captured wet signatures. Major loans may still require true wet signatures on documents |
Sales & Purchase Orders | Electronic Signatures | High value orders may require digitally captured wet signatures |
HR & Employment Contracts | Electronic Signatures | Some sensitive documents may require digitally captured wet signatures |
Insurance | Electronic Signatures | Some claims might require digitally captured wet signatures |
Education (can vary) | Often accept Electronic Signatures | Official transcripts may still use wet signatures or secure digital signatures |
Software Licensing | Electronic Signatures | These almost exclusively use electronic signatures |
NDA’s & Contractor Agreements | Electronic Signatures | Some legal or high-stakes agreements may require wet signatures |
Real Estate Transactions | Electronic & Wet Signatures | The initial agreements frequently use electronic signatures but final closing documents frequently still require wet signatures |
Government Forms | Electronically or Digitally Captured Wet Signatures | Some critical documents like Wills & Trusts, Power of Attorney Forms, Adoption Papers still require wet signatures |
The Role of Notaries
Many document types require notarisation. A Notary Public is someone who can witness and verify the signature process.
They are responsible for confirming the identity of the signers using official documents, witnessing the signature, ensuring parties are signing voluntarily, maintaining records and to administer oaths and affidavits when required.
Notarisation is frequently required in Real Estate Transactions, Power of Attorney, Affidavits, Adoption Papers, Passport Applications and Divorce Documents.
Notorisation helps add more legal weight to the signing process, making it more difficult for the signature to be challenged. It provides increased assurances that the signature was made by the intended person, voluntarily and in the presence of an impartial witness.
Frequently asked questions about Wet Signatures
Can I use a stamp instead of a Wet Signature?
Generally, no. Most official documents require an actual handwritten signature.
Is a photographed wet signature legally valid?
It depends on the jurisdiction. Many places accept scanned or photographed signatures for certain documents but others may require the original. It is always best to check.
How long does a wet signature remain valid?
There’s no expiration date on the signature itself. The document may have a validity period.
Can I change my signature?
Yes, but it’s advisable to update your signature with banks and other important institutions to avoid verificiation issues.
Are wet signatures more secure than electronic signatures?
Not necessarily. Wet signatures can be verified by experts. Electronic signatures often have built-in security features that can make them more secure in many situations.