Key Takeaways

  • A conformed signature is a typed representation of a person’s signature, often in the format “/s/ Name,” used to validate contracts without a handwritten signature.
  • It is widely accepted for many legal documents, especially in electronic transactions, but some agencies (e.g., IRS) and states still require original signatures in certain cases.
  • Conformed signatures can be used alongside electronic filing systems, faxed/emailed documents, and mobile signing tools to speed up contract execution.
  • Their legality depends on state laws, document type, and industry regulations—some states impose specific format requirements or limit their use for corporate filings.
  • They are different from electronic signatures, which may involve stylus or click-to-sign technology, though both serve to indicate agreement.

Conformed Signature

A conformed signature is a typed signature that is used to validate a contract. Generally, parties would sign the contract the old-fashioned way, by signing the document in front of one another. However, in today’s day and age, most contracts involve conformed signatures that are typed, dated, and submitted on a computer or smartphone. While one of the parties included his conformed signature, the other party generally has the original contract with an actual hand written signature. Conformed signatures are usually admissible as legal evidence of the existence of a legally binding contract, even if the original contract is lost or destroyed.

Purpose and Common Uses of a Conformed Signature

A conformed signature serves as an efficient alternative to a handwritten signature, primarily used to save time and simplify document execution. It is common in:

  • Court filings: Many U.S. courts accept conformed signatures on pleadings, motions, and other submissions, provided the format clearly indicates it is a conformed version.
  • Corporate records: Board resolutions, shareholder consents, and routine business agreements often use conformed signatures when immediate execution is necessary.
  • Real estate transactions: In certain jurisdictions, contracts and disclosures can be executed using a conformed signature to expedite closings.
  • Professional services agreements: Law firms, consultants, and agencies frequently rely on conformed signatures for quick approvals when physical signatures are impractical.

A key advantage is that a conformed signature can be applied consistently across multiple document copies, ensuring uniformity and clarity while maintaining legal enforceability where allowed.

Conformed Signature in an Electronic Era

Since we all operate primarily electronically in some way or another, it is common for companies and people to enter into contracts by submitting a conformed signature. For example, assume that you are seeking automobile insurance from an insurance company. The company cannot keep up with having to require consumers sign the original document and return by mail. Therefore, consumers will simply sign the document electronically, which is generally accompanied by either the current date or last four digits of the individual’s social security number. Once the consumer hits the submit button, that constitutes the validity of the contract. Such businesses have key codes and other features to prove that the person submitting the form is the intended person involved in the contract.

In fact, the State of Delaware allows faxed and emailed copies of documents that require signatures. This is because the Secretary of State’s office wholly understands that it would be impossible to keep track of original signatures; it would also delay the work expected to occur in the contract, as the original contract would have to be mailed to the other party before it becomes a legally binding document.

Even smartphones have features that allow you to open an e-mail attachment, use a conformed signature, and return it to the other party. Prior to the digital age, stock amendments required original signatures. However, such amendments allow for a conformed signature to improve the issuance of stock certificates in a timely manner.

While a lot of states allow conformed signatures in contracts, the Internal Revenue Service (IRS) doesn’t allow such signatures; therefore, SS4 forms and other tax documents must have an original signature.

Legal Requirements and Best Practices

While conformed signatures are legally recognized in many contexts, compliance depends on jurisdiction and document type. Best practices include:

  1. Follow required format: Most rules specify the “/s/ Name” style (e.g., /s/ Jane Smith) placed where the signature would normally appear.
  2. Include identifying details: Add the signer's printed name, title, and date below the conformed signature to strengthen validity.
  3. Verify authorization: Ensure the person applying the conformed signature has actual authority to bind the party.
  4. Maintain original copies if needed: For documents requiring eventual wet signatures (e.g., certain deeds or tax forms), store signed originals for compliance.
  5. Retain authentication records: Keep evidence such as email confirmations, secure login logs, or other verifiable submission data to prove intent.

Courts and agencies may reject filings if the conformed signature format is incorrect or if authentication measures are insufficient.

Types of Signatures

While some might only assume that there are original or conformed signatures, there are a few types of signatures that are treated differently depending on the state in which you reside and do business. Such signature types include:

  1. Original signature
  2. Conformed signature
  3. Faxed or scanned signature
  4. Electronic signature

While a lot of states allow conformed signatures, including Connecticut, Delaware, Florida, Nevada, New York, and Utah, there are several states that still require original signatures. These states include Alabama, Arkansas, Maine, New Mexico, South Dakota, Vermont, and Wyoming. Even in those states allowing conformed signatures, there might be certain circumstances or situations when an original signature is required. An example of this would be a corporate document submitted in the State of Florida; an LLC document can include a conformed signature, whereas a corporation document cannot. Furthermore, the conformed signature must follow a certain format, i.e., /s/ name of person.

While most states allow a faxed or scanned signature, be sure to check with the Secretary of State’s office to confirm if you can use this method of signing the document. If, for example, you rescan a faxed document, it might be rejected.

An electronic signature, while similar to a conformed signature, might in fact be different. For example, when purchasing goods at a store, you might be required to use a stylus to sign a signature pad. However, not many states allow this signature, due to the fact that this type of technology is newer. For example, California, Nevada, New Jersey, and Louisiana accept a scanned signature, but don’t accept an electronic signature. However, as these signatures become more common, other states will begin allowing electronic signatures as a valid and legally binding form of entering into a contract.

Differences Between Conformed, Electronic, and Digital Signatures

Although often grouped together, these signature types differ in technology and legal treatment:

  • Conformed signature: A typed indication of a signature, such as /s/ John Doe. It relies on established acceptance in specific legal contexts rather than encryption technology.
  • Electronic signature (e-signature): Any electronic process showing intent to sign, which can include clicking “I Agree,” typing a name, or drawing a signature with a mouse or stylus.
  • Digital signature: A type of electronic signature that uses cryptographic technology to securely link the signature to the document and verify identity.

Understanding these distinctions helps determine the most appropriate method for each transaction. For example, a simple conformed signature may suffice for routine filings, while a digital signature may be required for high-security transactions.

Frequently Asked Questions

  1. What is the proper format for a conformed signature?
    The standard format is “/s/ Full Name” typed where a handwritten signature would appear, often followed by printed name, title, and date.
  2. Are conformed signatures legally binding?
    Yes, in many jurisdictions and contexts. However, some documents—like certain IRS forms—still require an original signature.
  3. Can a conformed signature be used for real estate transactions?
    Yes, in some states and situations, though local laws and lender requirements should be checked first.
  4. How is a conformed signature different from an electronic signature?
    A conformed signature is simply typed text indicating a signature, while an electronic signature can involve click-to-sign actions or drawn signatures, and may include authentication measures.
  5. Do all states accept conformed signatures for corporate filings?
    No. Some states allow them for certain entity types or documents, while others require original signatures for specific filings. Always check the applicable Secretary of State’s rules.

If you need help learning more about a conformed signature, or whether or not you can use a conformed signature for a contract, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law, and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.