In the world of notarization, clarity on what constitutes a valid signature is essential. In New York State, General Construction Law § 46 provides guidance on the definition of a “signature” and how it applies to legal documents, including those requiring notarization. Additionally, case law, such as Sandymark Realty Corp. v. Creswell, sheds light on the implications of different forms of signatures.

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Full Text of New York General Construction Law § 46 (2023)

§ 46. Signature.

The term “signature” includes any memorandum, mark, or sign, written, printed, stamped, photographed, or engraved, placed upon any instrument or writing with intent to execute or authenticate such instrument or writing.

This law provides a broad definition of what constitutes a valid signature in New York. It allows flexibility beyond handwritten signatures, including printed or stamped signatures, as long as they are affixed with the intent to execute or authenticate a document.

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What This Means for Notarization

When a notary public in New York is certifying a signature, they must confirm that the signer personally appeared before them and executed the document in an acceptable manner. This means:

1. Handwritten Signatures – These are the most common and universally accepted form of signatures.
2. Stamped or Printed Signatures – While New York law recognizes stamped signatures as valid in certain contexts, case law suggests there may be challenges in verifying them for notarization.
3. Electronic Signatures – New York law permits electronic signatures in many transactions, but notaries must ensure compliance with electronic notarization laws under Executive Law § 135-c.
4. Marks or Alternative Signatures – If a signer cannot write their name, they may use a mark (such as an “X”). 

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Case Law Perspective: Sandymark Realty Corp. v. Creswell (1971)

A key case that highlights issues related to signature validity in New York is Sandymark Realty Corp. v. Creswell. In this case:

• A rubber-stamped signature was used on a legal document.
• The court rejected the validity of the rubber-stamped verification, particularly because it was not signed holographically (i.e., by hand) by the person making the statement.
• The judge emphasized that a stamped signature alone does not provide sufficient assurance that the signer is subject to perjury penalties.

The decision in this case suggests that when notarizing documents, notaries should be cautious about stamped signatures unless the signer personally affixes the stamp in the presence of the notary and there is sufficient evidence to confirm the identity and intent of the signer​

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Best Practices for Notaries

1. Verify the Signer’s Intent – Always confirm that the signer intends to execute the document.
2. Ensure Personal Appearance – The signer must appear before the notary in person or via an approved electronic notarization platform.
3. Handwritten Signatures Are Preferred – While stamped or electronic signatures may be valid in some contexts, a handwritten signature remains the strongest and least controversial.
4. Follow Electronic Notarization Rules – If using an electronic notarization platform, ensure compliance with New York Executive Law § 135-c.
5. Document the Process – Keep a detailed notary journal to record the type of signature used and any unusual circumstances.

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New York law provides flexibility in what constitutes a signature, but notaries must be cautious when dealing with alternative forms such as stamped or electronic signatures. Case law such as Sandymark Realty Corp. v. Creswell reinforces the importance of holographic (handwritten) signatures in certain legal contexts. By following best practices, notaries can ensure they properly authenticate signatures while complying with state laws.