What is a wet signature, and when do you still need one?
Updated
Short answer
A wet signature is a signature you write by hand, in ink, on paper. The term exists to tell it apart from electronic signatures. Most contracts, quotes and employment agreements no longer need one, because the US, the EU, the UK and most other countries accept electronic signatures. Wills, many property transfers and documents an authority explicitly wants in ink are the main exceptions.
Why is it called a wet signature?
Because the ink used to be literally wet when you signed. Today the term is used when someone wants an original signed on paper, not a scan, a typed name or an electronic signature. On forms you also see "wet ink signature" or "original signature".
When is an electronic signature enough?
For most business documents: quotes, sales and service contracts, NDAs, employment contracts and supplier agreements. In the US the ESIGN Act and UETA, in the EU the eIDAS Regulation and in the UK the Electronic Communications Act 2000 make sure a signature can't be refused just because it is electronic.
Whether a specific signature holds up then depends on the evidence: who signed, how they were verified and whether the document changed. Read are electronic signatures legally binding for the rules per country.
When do you still need a wet signature?
- Wills and codicils in most countries, usually with witnesses who are physically present.
- Property transfers, such as deeds and conveyancing documents. In many countries these go through a notary, a conveyancer or a land registry with its own rules.
- Documents an authority, bank or court wants in ink, such as some government forms and certain powers of attorney.
Wet or electronic: which is stronger evidence?
A wet signature can be imitated and is hard to check without a handwriting expert, and a scan of it is only a copy. An electronic signature through a signing platform comes with an audit certificate that records who signed, when, how they were verified and a hash of the signed file, so a later change to that file is detectable. That often makes it easier to prove who signed what. Read how to check a digital signature.
Frequently asked questions
- No. A scan is a copy of a wet signature. Whether a scanned copy is accepted depends on the other party and the type of document.
- An employer can choose how contracts are signed, but in most countries the law doesn't require ink for an employment contract. An electronic signature is usually allowed.