What is a wet signature and when do you still need one

Wet signature vs electronic signature

The name comes from the ink. It is still wet when the signer lifts the pen.

People also call it an ink signature or a handwritten signature. The terms mean the same thing. Lawyers sometimes say «original signature» for the same idea.

What is a wet signature?

A wet signature is the mark a person writes by hand on a paper document. It shows intent to agree with what the page says.

A scan of a wet signature is a copy. The original paper stays with whoever holds it.

An electronic signature does the same job on a screen. US law defines it as a sound, symbol or process attached to a record with intent to sign.

Is an electronic signature as valid as a wet signature?

Yes, for most transactions. Section 7001 of the ESIGN Act covers transactions in interstate or foreign commerce.

It says a signature or contract cannot lose legal effect only because it is electronic. States also passed electronic transaction laws of their own.

That covers leases, NDAs, service agreements, sales contracts, offer letters and most business forms.

When is a wet signature required?

Section 7003 of the ESIGN Act lists the records it does not cover. For these, state rules decide and many still ask for paper.

Records outside the ESIGN Act

• Wills, codicils and testamentary trusts
• Adoption, divorce and other matters of family law
• Most of the Uniform Commercial Code, except sections 1-107 and 1-206 and Articles 2 and 2A
• Court orders, notices and official court documents such as briefs and pleadings
• Notices that cut off utility services such as water, heat or power
• Notices of default, foreclosure or eviction on a primary residence
• Notices that cancel health insurance or life insurance benefits
• Recalls of products that put health or safety at risk
• Documents that travel with hazardous materials, pesticides or toxic materials

These exceptions are in the federal law. Each state can add its own rules on top. Check the rules of the state where the document will be used.

Documents that need a notary

Deeds, many powers of attorney and some affidavits need a notary. The notary rules depend on your state.

Many states now allow remote online notarization. Ask the notary or the receiving office which form they take.

When the other party asks for paper

A bank, a county office or a court clerk can ask for an original in ink. Their rule decides for that document.

Ask before you sign. One email saves a second trip to the post office. Keep their answer with the file.

How to wet sign a PDF

Sometimes you need ink on a document that arrived as a PDF. Follow these steps.

1. 1Print every page of the PDF, not only the signature page.
2. 2Sign in blue or black ink where the document asks.
3. 3Add the date and your initials on pages that ask for them.
4. 4Scan the pages with a scanner or a scanning app on your phone.
5. 5Save the scan as one PDF in the original page order.
6. 6Send the scan and mail the paper original if the receiver asks for it.

Blue ink helps the receiver tell the original from a photocopy. Some offices ask for blue for that reason. Avoid pencil and gel pens that smear.

How to sign a PDF electronically instead

When the law and the receiver allow it, skip the printer. The free tool at the top of this page signs the PDF in minutes.

1. 1Drop the PDF into the box at the top of this page.
2. 2Tap «Draw my signature» and sign with your finger, mouse or pen.
3. 3Tap the spot where it goes. Drag it to move it.
4. 4Add the date and your initials with the buttons above the page.
5. 5Download the signed PDF. On a phone, use the brown bar at the bottom.

Your signature is drawn by hand, as on paper. It looks like the one on your ID.

The box «Add signature certificate» comes checked. It adds a page with your name, the date and the SHA-256 fingerprint of the original.

Anyone can check the file later with the free verification tool. They drop the original and the signed copy.

Your file never leaves your device

The tool signs the PDF inside your browser. Nothing is uploaded to a server.

Your drawn signature stays on this device for next time. Erase it with «Forget my data on this device».

Myths about wet signatures

• «Only ink makes a contract binding.» Federal law gives electronic signatures legal effect for most transactions.
• «A scanned signature counts as an original.» A scan is a copy. The paper stays the original.
• «Electronic signatures are easy to fake.» A fingerprint check shows whether the signed file changed.
• «You need special software.» A browser and a finger are enough for a drawn signature.

The real question is what the receiver accepts. For most contracts both forms work. Pick the one that gets the document signed today.

When one party signs on paper and the other on screen

Mixed signing happens often. One person prints and signs while the other signs on a phone.

1. 1Agree on one final PDF before anyone signs.
2. 2The paper signer prints, signs and scans every page.
3. 3The screen signer draws a signature on the scanned PDF.
4. 4Both keep the final file and the certificate page.

Keep the paper original too. It backs up the scanned pages if anyone asks.

How to keep a wet-signed original

An original on paper is evidence. Store it the way you would store a title or a deed.

• Keep it flat in a folder away from heat and damp.
• Write the date you received it on the folder.
• Make a scan and store it with the electronic files.
• Note who has the other originals and where.

Wet signature or electronic signature, which to use

• A will or a trust. Use a wet signature and follow your state rules.
• A divorce or adoption filing. Follow the court instructions, usually on paper.
• A deed or a power of attorney. Check whether your state allows remote notarization.
• A lease, an NDA or a service agreement. Sign it electronically.
• A form from a bank or an agency. Ask the bank or the agency first.

When someone else has to sign

Send the PDF from a free SignSolú account. The other person gets a link by WhatsApp or email. They open it on their phone and tap the brown bar that says «Sign as …». You get the signed PDF back with a certificate that SignSolú timestamps. Your first ten documents are free.

Wet signatures and notaries

A notary checks your ID and watches you sign. Some documents need that step on top of the signature itself.

Many states now allow remote online notarization by video. The notary seals the PDF with a digital certificate.

Ask the office that receives the document which type it accepts. The answer decides whether you sign on paper or on screen.

Sources

• 15 U.S.C. 7001, general rule of validity on govinfo.gov
• 15 U.S.C. 7003, specific exceptions on govinfo.gov
• 15 U.S.C. 7006, definitions on govinfo.gov