Signatures

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Mar 13, 2008 7:52 pm

I'm just curious on the following from a compliance/legal standpoint.


When client's are presented documents to sign and the entire line says to first PRINT then SIGN and then DATE what are, if any, ramifications if they only sign but don't PRINT or DATE?
 
Reason I ask is because I mailed out some documents to a client, they SIGNED everything but didn't date or PRINT their name.
 
Should I leave it blank or is it ok for me to PRINT their name and write in the date?
 
This one seems obvious but has me perplexed.
 
Scrim
Mar 13, 2008 8:00 pm

I fill out everything I can for the client.  That includes printing their name and dating it.  The only thing they have to do is sign. 

 
I figure if anything comes up legally, only the signature is what is compared.  I've been through audits and other stuff and haven't had a problem.
 
Seems like you're just over thinking it. 
 
BUT, in your case, technically you don't want to write on the document AFTER it has been signed.  But I would like think just printing their name and dating it would be harmless.
Mar 13, 2008 8:05 pm

Perhaps I'm overthinking it but when I really thought it thru I did think it would be ok for me to PRINT and DATE because sometimes when I'm filling out the application electronically on my system some types of accounts take the info on one part of the document and then PREFILL the info in the PRINT NAME  box next to the SIGNATURE box.


So what's the difference if i'm handwriting the application and use my own pen to PRINT NAME.
 
I just didn't want to assume anything of course.
 
scrim
Mar 14, 2008 3:29 pm

wow,

 
great lesson learned.
 
mind you, I would never ever sign a client's name or cut/paste a signature.
 
I was wondering if it's ok to print their name for them and write in the date for them.
 
I guess it's not.
 
You never can be too careful.
 
scrim
Mar 14, 2008 3:42 pm

I just got off the phone with my compliance manager and she pretty much reiterated what was said:

 
She said it's certainly ok for me to write in the client's name and the date and simply have the client sign it.
 
However, she recommended that if I receive an application back via the US MAIL system and the client has signed it but left the PRINT NAME/DATE blank I should forward to my back office simply left blank.
 
Very interesting stuff.
 
scrim
Mar 16, 2008 5:20 pm
rrbdlawyer:

Much of the above is just silly and quite tiresome, however, as a 25-year veteran lawyer on the Street who handles regulatory cases I'm telling you in no uncertain terms that simply filling in missing info on any document signed by a client is poor practice.





Adds a new twist to the fellas that leave their previous firm, only to leave the account number and other information blank until the documents and statements are returned to the office. Only then, has it been common practice to complete the remaining information and submitting the transfer.



Obviously, this type of information will not, and cannot, be completed prior to sending it to the client, and it has long since been our preference to burden the client with as little as possible.



I don't even think that clients could even complete the documents in their entirety prior to sending them back.



Interesting times, for sure.



C