The actual legal basis for using a signature stamp (a facsimile of an official's actual signature) is specifically authorized under the Uniform Facsimile Signatures of Public Officials Act only for executing public securities and instruments of payment. This act permits the authorized state, county and local officials to eliminate manual signing of checks, for example.
There is a common misconception that once a facsimile signature certificate is filed, an officer's signature by stamp or other device will have legal authority on any document to which it is applied. The law has made specific provision for the use of stamped signatures in specific cases not governed by the Act.
Under the Act, any authorized officer may use a facsimile signature on instruments of payment, and the Act defines authorized officer quite broadly as " any official of this state or of any of its departments, agencies, boards, commissions or other instrumentalities or of any of its public corporations, political subdivisions, municipal corporations or other governmental units whose signature to a public security or instrument of payment is required or permitted."
While all of these authorized officers may lawfully use facsimile signatures for the purposes defined in the Act, they must first execute a facsimile signature certificate and file it with the Secretary of State.
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