The Etymology of Signature

Signature Etymology:
Middle French or Medieval Latin; Middle French, from Medieval Latin signatura, from Latin signatus, past participle of signare to sign, seal - from Merriam Webster Online Dictionary

Merriam Webster Online Dictionary defines signature as: (1) a: the act of signing one's name to something b: the name of a person written with his or her own hand. Though there are six other definitions, we'll focus on the one above.

The function of signatures is evidentiary, to provide evidence of the contracting party's identity or the contracting party's intention with regard to a specific document. In many consumer contracts, signatures provide evidence of the contracting party's identity and serve as additional evidence of deliberation and informed consent. This explains why signatures often appear at the end of documents.

Before There was DocuSign
A seal, such as a wax seal bearing an impressed figure or an embossed figure in paper, is created with the purpose of authenticating a document. Seal also refers to a device for making such impressions or embossments. Signet rings are rings with a seal mounted atop the ring. Signet rings generally bear a coat of arms, and the tradition of wearing signet rings is associated with nobles in European and other cultures. Typically, the ring is worn on the little finger of either hand, though exceptions exist. For example, the Swiss wear it on the ring finger of the right hand. The ring's seal should be outward facing, so that the wearer can create wax impressions without removing the ring. In this way, a signet ring serves as a signature device.

Another way to gather signatures on documents include ink on paper, or wet signatures. Wet signatures have been around for as long as people were making agreements and documenting them. The document that gave birth of our country also gave birth to a synonym for a wet signature, John Hancock.

And Now There is DocuSign
A DocuSign signature is distinct and serves the same purpose as the other signatures we've discussed. DocuSign provides authentication measures that fit our customers' needs for legally binding electronic signatures, under ESIGN and UETA.

The DocuSign process can capture, retain, and reproduce the essential elements of the signing process in a simple, secure way. If you were to DocuSign a simple contract online for the first time as a signer you would:

1. Receive an email, or visit a web site where the signing was integrated
2. Pass any authentication requested by the sender (optional)
3. Create and adopt your signature with a few clicks
4. Affix your signature where the yellow stick-e Tabs indicate in the document
5. Click "complete".

You just 'DocuSigned'. It's that simple and fast. Instead of writing your name with your hand, you're clicking your name with your hand. It all is very easy, and anyone who has ever seen a 'yellow sticky tab' will be very comfortable. Behind the scenes, a bunch of work is happening, to make sure the whole process creates strong legal evidence, the contract cannot be modified, and all authentication data is gathered.

Now let's compare a 'wet' signature to a DocuSign signature...

A 'wet' signature:

• Is unique to the signer, but may look slightly different each time
• May not be known by the recipient, so there is no certain way to rely on it
• Is subjective - handwriting experts can indicate 'likelihood' that it is yours, but it is often arguable
• Can be easily copied and used on other documents
• Does not ensure the underlying document has not been modified
• Has to be physically moved around by mail or fax

While a DocuSign Signature:

• Is unique to the signer - both the visible and invisible aspects of the signature cannot be copied
• Arrives with evidence about signer's identity including email, IP address, authentication information, time stamps, etc.
• Is objective - it is backed up with evidence. Experts can easily determine from the extensive audit log exactly who signed, when they signed, and where they signed on the document
• Cannot be copied anymore than a picture of the Mona Lisa is the authentic Mona Lisa
• Affirms the fact the underlying document has not been modified
• Does not have to be physically moved, as it is electronic

We started our discussion of the etymology of signature, looked briefly at the Merriam-Webster definition of the word signature, examined a DocuSign electronic signature and online contract execution process and compared a wet signature to a DocuSign signature. As electronic signatures and online contract execution adoption rates increase, I hope to see definition 1b of the word signature from Merriam-Webster become obsolete. If you haven't DocuSigned, I encourage you to try our electronic signature process.
 
Signet ring photo courtesy of flickr user Somma used under Creative Commons.