Contract Law
Wet Signature: FAQs
Author
Barbora Korcova
Author
Barbora Korcova
October 11, 2024
Contract Law
In today’s digital age, many transactions and agreements are signed electronically, but the concept of a “wet signature” remains crucial in legal and business contexts. Though the term might sound unfamiliar to you, it is likely something you’ve done countless times without realising it. In this blog post, we explore what a wet signature is, its significance, and when it is required.
What is a wet signature?
A wet signature refers to the traditional method of signing a document by hand, using ink on paper. The term “wet” comes from the idea that the ink is still wet when the signature is first applied. It is the most commonly recognised form of signature and is often required for certain legal documents and agreements. This signature provides a physical mark of agreement, typically in cursive or some other unique handwriting that verifies the identity of the signer.
When do you need wet signature?
Because of the Regulation on electronic identification and trust services for electronic transactions in the internal market (UK eIDAS), electronic signatures are considered as an alternative to handwritten signatures. Electronic signatures (meeting the requirements of UK eIDAS) have the same legal effect as a handwritten signature.
While electronic signatures have become more common in the UK, especially in everyday business and personal transactions, some documents still need to be signed using wet signatures. This may be for example transfers, leases or other deeds that have to be registered with the Land Registry or Companies Registry.
It may also be necessary in case of share purchase agreements or asset purchase agreements, to obtain paper copies of counterparts with wet signatures especially where the contract must be filed with a registry or other authority, such as Her Majesty Land Registry.
These documents typically require a higher level of authenticity, and a wet signature helps to ensure that the person signing is fully aware of the legal commitment they are making.
What is the difference between wet signature and e-signature?
Wet signatures and electronic signatures serve the same purpose—confirming agreement or consent—but they differ in how they are applied. Wet signatures are tangible, involving ink and paper, whereas electronic signatures are virtual, created using digital tools or software.
While electronic signatures are increasingly convenient, wet signatures offer a level of security and formality that some transactions still require. They can also help mitigate concerns about authenticity in situations where a physical presence and signature are needed.
Does a wet signature need to be in cursive?
No, a wet signature does not have to be in cursive. A wet signature simply refers to a signature made with ink on a physical document. It can be in any form, whether it’s cursive, printed letters or even just a mark or symbol that the signer uses to represent themselves.
What matters is that the signature uniquely identifies the signer and reflects their intent to agree to the terms of the document. As long as the signature can be reasonably connected to the individual and demonstrates their consent, it is usually considered valid, regardless of whether it’s written in cursive or not.
Can a scanned copy of a wet signature be used?
Yes, a scanned copy of a wet signature can often be used in day-to-day business and informal agreements. However, for legal or formal agreements, like property transactions or contracts that need to be filed with a government authority, the original wet signature may be required. It’s important to check specific legal requirements for each case.
Can a witness to a wet signature be remote?
No, when a wet signature is required, the witness must usually be physically present to observe the signing. The witness should also sign the document in the same location as the signer, as this adds credibility to the process. Some legal documents (like deeds or wills) explicitly require the presence of a witness.
Are there security risks with wet signatures?
Wet signatures can carry certain risks, such as forgery or tampering. This is why additional measures like witnesses or notarisation are sometimes necessary to verify their authenticity. Unlike some electronic signature systems, wet signatures don’t have built-in encryption or audit trails.
Do different colours of ink matter for wet signatures?
While black or blue ink is typically preferred for wet signatures, other ink colours can be acceptable. Some institutions, like government bodies or financial organisations, may have specific requirements regarding ink colour (e.g. blue to differentiate original signatures from copies), so it’s best to check first.
