The term wet signature refers to the traditional process of verifying identity on a document. The signer uses a pen and “wet ink” to sign a physical paper contract.

Historically, wet signatures have always represented a legally binding contract. However, many businesses today use digital or electronic signatures to conclude contracts as these methods offer a secure, efficient way to streamline document authentication.

Key characteristics

Here are the core aspects of a wet signature:

Physical nature

A wet signature requires the signer to be physically present. They sign the document with a pen on a tangible medium, such as paper, and it is then considered legally binding.

Unique to signatory

A wet signature’s authenticity relies on the signer’s unique handwriting and visual verification by the other party.

Use of ink or similar substance

The term “wet” refers to the use of ink or a similar substance. The ink has a liquid consistency which, when applied to paper, leaves a visible mark on the document.

Wet signature vs. digital signature

A digital signature includes a certificate of authority to ensure its validity. The process uses cryptographic keys and hash functions to create a digital signature. The recipient verifies the signature using the sender’s public key, ensuring that the document has not been altered and was signed by the intended party.

Compared to a traditional signature, digital signatures offer more security. Electronic signatures are tamper-proof, as any modification to the document invalidates it.

Applications and uses

Legal documents

Notarized documents and those filed with tax authorities are often signed using a wet signature. Other legal documents, such as deeds and court orders can also be signed in ink to verify the intent of both parties involved.

Contracts

People often use wet signatures to sign contracts, including wills, adoptions and family law documents. For many years, wet signatures were considered an essential part of legal formalities.

Personal identification

Wet signatures are also commonly used on official identification documents, such as passports and driving licenses. Informal correspondence and creative works also involve the use of wet signatures to establish the sender’s identity and ownership.

Benefits

Wet signatures carry these two important benefits:

Historical precedence

Wet signatures have long been used in legal and business transactions, carrying significant historical weight as a means of commitment.

Tangibility

The process involves the physical presence of a signature on a tangible medium. This makes it easier to verify its authenticity and the intent of both parties.

Limitations

Forgery

Wet signatures are susceptible to forgery. Their security depends on the precautions taken to protect the tangible document.

Storage issues

Tangible documents can take longer to retrieve from storage compared to pulling up a file on your computer. They take up physical space and must be properly organized, possibly leading to crowded filing cabinets.

Environmental concerns

The continued reliance on paper is not a sustainable use of the earth’s resources and leads to increased energy consumption and carbon emissions.

*Disclaimer: This content does not constitute legal advice. The suitability, enforceability or admissibility of electronic documents will likely depend on many factors such as the country or state where you operate, the country or state where the electronic document will be distributed as well as the type of electronic document involved. Appropriate legal counsel should be consulted to analyze any potential legal implications and questions related to the use of electronic documents.