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#1854265 - 09/20/13 06:27 PM Signature stamp on loan agreement?
Toto Too Offline
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Joined: Nov 2004
Posts: 103
Southeast
Does anyone know Georgia legality for accepting signature stamp of borrower on a loan contract/agreement? (Not e-signature.)

If you accept them, what do you require for authentication?

Thank you,
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#1854274 - 09/20/13 06:38 PM Re: Signature stamp on loan agreement? Toto Too
Toto Too Offline
100 Club
Joined: Nov 2004
Posts: 103
Southeast
Follow up...The question is not concerning disabled persons.
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#1854373 - 09/20/13 08:59 PM Re: Signature stamp on loan agreement? Toto Too
Bumpjon Offline
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Joined: Sep 2011
Posts: 10
Generally a signature means the signing of a written document with one's own hand but it's not usually required that a signature actually be written by hand for it to be legally valid. For example, it can be typed, engraved, or stamped. The purpose of a signature is to authenticate a writing, or provide notice of its source, and to bind the individual signing the writing by the provisions contained in the document.

I can't find anything specific to loans but Section 3-401(b) of the UCC (O.C.G.A 11-3-401(b)) says that a "signature may be made (i) manually or by means of a device or machine; and (ii) by the use of any name, including a trade or assumed name or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing." I imagine that it would be the same for a loan agreement.

Your only problem would arise if you have to prove that the signature is authentic in court. That's generally why you have signature notarized.

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#1854395 - 09/20/13 10:44 PM Re: Signature stamp on loan agreement? Toto Too
Toto Too Offline
100 Club
Joined: Nov 2004
Posts: 103
Southeast
Thank you for the code reference. That is most helpful.
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#1854425 - 09/21/13 10:38 PM Re: Signature stamp on loan agreement? Toto Too
Bagweaver Offline
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Joined: Nov 2005
Posts: 2,409
SW GA
You may want to contact your bank's attorney.
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