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Signing on behalf of someone else: reliable information

26/09/2022 by
The Marketing Team
Signing on behalf of someone else; have you ever been assigned to sign documents on behalf of another and are unsure if it’s legal? This blog will go into detail regarding the law and the ability to sign on behalf of another. What is forgery? A person commits forgery when they modify a legally relevant […]
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Signing on behalf of someone else; have you ever been assigned to sign documents on behalf of another and are unsure if it’s legal? This blog will go into detail regarding the law and the ability to sign on behalf of another.

What is forgery?

A person commits forgery when they modify a legally relevant document to deceive another person, according to the law. A legal document affects legal rights or responsibilities. If someone has asked you to sign a legal document on their behalf, you are assisting that person and are not intending to defraud them. This would not be a fraud as you are signing on behalf of someone who has permitted you to. In saying this, there must be a procedure that should be followed to make clear that you have permission to sign on the behalf of the person. However, if you are signing on behalf of someone else without permission, that is classified as forgery. Under Section 144.1 of the Commonwealth Criminal Code Act 1995, there is a maximum penalty of ten years in jail for signing on behalf of someone else without permission.

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How to sign as an authorised representative?

When one person authorises signing on behalf of someone else, the signer is effectively acting as the other person's authorised representative. Under the law, this is known as "procuration," which means "acting on behalf of another with the authority of the other". 

Signing as a proxy or agent is restricted to a single purpose, such as signing your lease. This is referred to as "power of attorney" when a person is authorised to serve as another's agent for all legal reasons (as opposed to the specific, restricted act that you have been chosen to do). A person who has power of attorney for another may sign all legally relevant documents on the other person's behalf.

Signing for someone else with permission

If you are signing on behalf of someone else the signer must have received clear permission from the person they are signing for. Some legal documents may require you to have written proof of the individual permitting you, this could be in the form of a text message, email or a handwritten document. If you only have verbal permission from the person you’re signing for, if there is no written permission, the company responsible for the legal document (landlord, law firm, bank), may not allow you to sign without written proof. It is essential that you take evidence of the written permission of another, to avoid these instances (so as to not waste either your time, or the person who is responsible for the document).

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What is the special designation for signing for another? 

Once you have secured written permission for signing on behalf of someone else, you need to ensure to sign in a way that shows you understand you're signing on their behalf. Using the initials "p.p." before your signature on behalf of the individual you’re signing for, indicates that the signature is being procured (that is, on behalf of another with permission). To indicate that you are signing under procuration; type or handwrite the letters just to the left of your signature.

Frequently Asked Questions

Here’s a helpful FAQ section covering common questions about signing documents on behalf of someone else. These answers clarify when, how, and why you may need authority, as well as legal considerations in different situations. Need to sign your essential documents? Get started with Business Kitz with 7 free document signs every month and 5 free premium agreement templates ready for download. Plus, store your essential documents securely. Perfect for handling important paperwork easily and professionally—at no cost to you!

1. What is the correct way of signing on behalf of someone?

To sign on someone else’s behalf, you must get their permission. This usually involves their name and position and may include using "p.p" or "through the agency of" before your signature.

2. Can I use electronic signatures when signing a legal document?

Yes, electronic signatures are often valid, though certain company documents may require original signatures. Always check if the document needs a handwritten signature.

3. What is a power of attorney?

A power of attorney is formal permission for someone to sign on behalf of someone else and make decisions for them.

4. Can I sign a document for someone else without their permission?

No, signing a document as someone else without permission is a crime.

5. Do I need express authority of the intended signee to sign on their behalf?

Yes, you always need express authority of the intended signee, especially for legal documents or formal documents.

6. Can I sign on behalf of someone else if they become unavailable?

If the intended signee is absent, you’ll need legal to sign on their behalf. Always seek advice from a qualified professional.

7. Is signing on behalf of others with electronic signatures legal?

Yes, if you have permission. However, electronic signatures of another person without their permission fall under a legal gray area.

8. Why is it important to sign up for our newsletter?

Sign up for our newsletter to stay informed about legal tips and updates.

9.  Where can I get help with signing on behalf of others?

For specific advice on signing legal or formal documents on someone’s behalf, consider consulting a qualified professional to ensure compliance with legal requirements.

10. What should be written before the signature if I’m signing on someone else’s behalf?

Use “p.p” or “through the agency of” with the name and position of the intended signee to clarify authority.

Key Takeaways

Signing on behalf of others is a serious responsibility. Always ensure you have clear permission from the person or authority to do so, especially for legal documents. Whether you’re using handwritten or electronic signatures, knowing the right format and following guidelines avoids misunderstandings and legal issues. Seek advice for complex situations to stay compliant and maintain trust.

About
The Marketing Team
Business Kitz Marketing team are experts in their field. You can expect the best business guides and updates on employment law here.
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