Monday, November 16, 2009

If party A agrees party B to sign his name on a document, will this document become effective?

After this document has been sent to Party C, what will happen if Party C finds out that the signature is not authentic? Can party C cancel the agreement with party B? The agreement is partially based on the document.





What can this person(party B) do if he wants the document to be effective? What kind of law should he look up?





If party A insists that the signature is signed by him, although it looks apperantly different, can this document still be effective?





Thank you very much!

If party A agrees party B to sign his name on a document, will this document become effective?
The best thing to do would be to send another document signed by A. Or, in the alternative, A could prepare a second document "ratifying" the first. Essentially a second document stating that the first is valid.


With the proper authority, B can sign A's name, but B must then include some notation to the effect that A's name was signed by B. It could be as simple as "A" by "B". Otherwise it is forgery.





The legality of the original document depends on a number of factors.


First, what type of document is it? The standards vary for different types of transactions with things like real estate transactions at one end of the spectrum and a simple purchase at the other.


Second, a person can be an "agent" of a "principal" and bind the principal.


Third, it can make a difference if a third party acts in reliance on the document.


All in all it can get rather complicated, which is why it would be best to simply have A prepare a new document.





It is not a question of A stating it is his signature or not. Either it is A's signature or it is not. If B in fact signed it, it is not A's signature and can only lead to problems later on. As stated above, A can ratify the document with a second document if C is willing to accept it. Otherwise prepare a new document.


It sounds like C is giving B a loan (car or something) and A is acting as a guarantor. C has every reason to be concerned and if C suspects B is being deceptive or trying to pull a fast one, C has every right not to go ahead.
Reply:Contract law.
Reply:In order for party B to sign any document for party A, he must first be given power of attorney and legal documents must be signed and witnessed to make them binding. With power of attorney, he still must sign his own name not someone elses. A signature only belongs to one person.
Reply:In order to sign someone elses name then you would have to be elected as "Power of Attorney" and that takes documents signed in front of a notory!
Reply:Not sure who's signing what. Also what kind of document is it, a contract? You'll need a clearer question,


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