united-states contract-law signature
Can I sign legal documents with a smiley face?
<p>The signature on my driver's license is a unique and identifiable smiley face  :-)</p>
<p>I use this signature to sign all legally binding documents.  A lot of the time, people reject it, and request an &quot;actual signature&quot;.  I then show them that it is the same signature as my driver's license, and they usually, (but not always,) accept it.</p>
<p>Is my signature legal?  Or must it be my name?  If it is legal, is it a bad idea?</p>

<blockquote>
  <p>Can I sign legal documents with a smiley face?</p>
</blockquote>

<p>Yes, that is lawful. A person's signature does not necessarily have to include the person's name or initials. What matters is that the signature <em>reliably</em> and <em>unequivocally</em> identifies the person who produces it, which apparently you have been able to prove by showing your driver's license.</p>

<p>The Black's Law Dictionary (4th Edition) states in its entry for <em>signature</em> that "<em>whatever mark, symbol, or device one may choose to employ as representative of himself is sufficient</em>". It directs to the entry for <em>sign</em>, which likewise speaks in terms of "<em>any mark, as upon a document, in token of knowledge, approval, acceptance or obligation</em>". Accordingly, your signature qualifies as <em>mark</em> or <em>symbol</em> that fits these purposes.</p>

<p>Your history of signing other legally binding documents that way further reinforces the authenticity of your signature.</p>

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  <p>If it is legal, is it a bad idea?</p>
</blockquote>

<p>It is a bad idea to the extent (if any) that (1) others can easily forge your signature (notwithstanding that forgery or identity theft might be proved circumstantially); and (2) verifying your identity may cause hassle or annoyance to you and/or third parties. But this paragraph obviously is applicable to any and all signatures, not just those which at first glance may seem to be a joke.</p>

<p>In contrast to the US, where I live in Europe only the written surname (first name optional) is considered a valid signature (in most cases). Some documents, like a Last Will, even need to be signed with your full name, including middle name(s).</p>

<p>It is possible though to use any sign as your legal signature if the sign is registered and affirmed by a notary. This exception was intended for people who aren't able to write. </p>

<p><strong>A contract is a meeting of the minds</strong>.   If your conduct before and immediately after the signing <em>resembles the way people act when they have a meeting of the minds</em>, that is proof of agreement. </p>

<p>To invalidate a contract over a defective signature, a party would have to object <em>timely to the signature</em>; immediately or the first time they reasonably should have seen it. </p>

<p>And then, <strong>since a contract is a meeting of the minds</strong>, you must reach a meeting of the minds about what an acceptable signature is.  Both of you can draw vulgar graffiti tier art of a rooster and balls for all it matters, as long as you both signed it. </p>
