Question about validating e-signatures

Question

Looking for a legally sound answer to validating a digital signature (e-signature) in standard documents like IRS forms.

For clarity, these are not documents we trigger to the recipient/signer. That kind of a flow would be ideal because when the PDF is signed, we get a stamp or watermark with the likes of Adobe eSign, or we get the fully clickable certification to check in the likes of DocuSign.

Instead, our use case is where we need an already-signed doc. Our customer's signatories already have the standard form from the IRS, and they have already signed that document. This could mean simply putting their name in the signature box or pasting a JPEG of a handwriting font of their name there. This does not allow us to check anything about the signing ceremony.

Yet, this kind of a "signed doc" is accepted by various organizations. How do they validate whether the person whose signature is purported to be in the document was in fact the person signing the document, if no such certification is available in the PDF?

Answer 1

Normally, you are going to have a representation from the customer that the documents provided to you with their signatures on them are not forgeries and are not otherwise doctored.

If authenticity is a big concern, you would also source the documents directly from the firms to which the electronic signatures were provided by the customer, and have the customer provide a valid photo ID.

A wet ink signature on the original document really provides no more of an assurance that the document isn't forged anyway. It would be customary, commercially, not to require any more verification than this from a customer, even if it is technically possible to do so. Signature comparison of wet ink signatures is an art rather than a science anyway, and it isn't customary done commercially outside of post-dispute litigation or when there are other red flags of possible fraud.

If greater assurances of authenticity are needed, you would normally require a document with a notarization or a guaranteed signature from the customer, or would get a certified copy of a public record (e.g. a certified copy of a recorded deed).