contract-law breach-of-contract signature identification
Is it illegal to sign a contract deliberately under a made-up name?
<p>First off, the name will be completely made up, maybe using a random name generator, so this shouldn't be impersonation. What would happen if the person breaks the contract, or that everything went fine except that the company found out about the fake name afterwards?</p>

<h2>Why does the name matter?</h2>
<p>Today, I entered into a contract to buy petrol and, later, beer and a Caesar salad. In neither case did I exchange names with the other party.</p>
<p>If you entered into a contract under a false name with the intent to avoid your responsibilities then that would be fraud. But then, so would doing so under your real name.</p>

<blockquote>
<p>Is it illegal to sign a contract deliberately under a made-up name?</p>
</blockquote>
<p>Generally speaking, no. The few (if any) exceptional contexts where this might be illegal depend on the nature of that contract or the statutory framework at issue.</p>
<p>Signing a contract is merely a party's attestation that he is committing to a set of terms and conditions <em>knowingly and willfully</em>. The drawback of allowing a counterparty to make up an arbitrary signature is a difficulty --and in some scenarios an impossibility-- to prove that the contract is binding to that counterparty. Failure to prove that would defeat claims of that counterparty's breach of contract.</p>
<p>In the case of mutual performance of a contract, company's awareness of the party's fake name is inconsequential unless the company's obligations elsewhere require it to handle a reliable identifier of the party. Rescinding the contract would be disproportionate, especially where the party is open to fix the discrepancy, and a finding of illegality is even unlikelier.</p>

<p><a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" aria-label="show questions tagged &#39;england-and-wales&#39;" rel="tag" aria-labelledby="england-and-wales-container">england-and-wales</a></p>
<p>In general, no, unless doing so amounts to fraud. Note that in practice it often <em>will</em> amount to fraud. Whether it does or not will depend on your intention at the time that you used the pseudonym.</p>
<h2>Fraud by false representation</h2>
<p><a href="https://www.legislation.gov.uk/ukpga/2006/35/section/2" rel="nofollow noreferrer">Section 2 of the Fraud Act 2006</a> provides:</p>
<blockquote>
<p>(1) A person is in breach of this section if he — (a) dishonestly
makes a false representation, and (b) intends, by making the
representation — (i) to make a gain for himself or another, or (ii) to
cause loss to another or to expose another to a risk of loss.</p>
<p>(2) A representation is false if — (a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or
misleading.</p>
</blockquote>
<p>It's important to note that intention is determined according to the <a href="https://en.wikipedia.org/wiki/Reasonable_person" rel="nofollow noreferrer">objective test</a> i.e. what a reasonable person would think the intention was as opposed to what was actually in the mind of the alleged offender.</p>
<p>So, if you write a pseudonym on the contract but inform the other party of this fact together with your primary name then this is unlikely to amount to fraud. On the other hand, if you fail to inform the other party, then depending on the circumstances a reasonable person might easily think your intention was to cause a gain / loss e.g. by obstructing the other party from pursuing you in the courts for a breach of contract, by avoiding revealing information to a lender on a credit search, etc.</p>
<p>Note also that there is no such thing as an authoritative record of what your name is. You are in fact free to change your name at any time, as many times as you like. If you really want to, you can have a different name for each hour of the day. The important thing is that you comply with your legal obligations (e.g. to inform the DVLA when your details change) and that you do not commit fraud (by using your various names as a way to make a gain or cause a loss to another).</p>
<h2>Fraud by failing to disclose information</h2>
<p>This is similar to fraud by false representation except in this case you are failing to disclose information which the law requires you to disclose. <a href="https://www.legislation.gov.uk/ukpga/2006/35/section/3" rel="nofollow noreferrer">Section 3</a> provides:</p>
<blockquote>
<p>A person is in breach of this section if he — (a) dishonestly fails to
disclose to another person information which he is under a legal duty
to disclose, and (b) intends, by failing to disclose the information —
(i) to make a gain for himself or another, or (ii) to cause loss to
another or to expose another to a risk of loss.</p>
</blockquote>
<p>This is often applicable when dealing with bureaucratic processes where the law requires you to provide your name as part of an application form (which may itself incorporate some form of contract). A non-contractual example can be found at <a href="https://www.legislation.gov.uk/ukpga/1988/52/section/170" rel="nofollow noreferrer">Section 170(2) of the Road Traffic Act 1988</a> which provides that in the event of certain types of accidents:</p>
<blockquote>
<p>(2) The driver of the mechanically propelled vehicle must stop and, if
required to do so by any person having reasonable grounds for so
requiring, give his name and address and also the name and address of
the owner and the identification marks of the vehicle.</p>
</blockquote>
<p>If you give a pseudonym, intending to make it harder for the other person to pursue you for an insurance claim, that could amount to fraud.</p>
<p>Another example is Sections <a href="https://www.legislation.gov.uk/ukpga/2006/46/section/1200" rel="nofollow noreferrer">1200</a>, <a href="https://www.legislation.gov.uk/ukpga/2006/46/section/1201" rel="nofollow noreferrer">1201</a>, and <a href="https://www.legislation.gov.uk/ukpga/2006/46/section/1202" rel="nofollow noreferrer">1202</a> of the Companies Act 2006, which require you to disclose your name on various documents (e.g. business letters) if you are carrying on business as an individual.</p>
<blockquote>
<p>What would happen if the person breaks the contract, or that
everything went fine except that the company found out about the fake
name afterwards</p>
</blockquote>
<p>Both of these are irrelevant. It doesn't matter whether you <em>actually</em> gain or the other person <em>actually</em> suffers a loss. What matters is whether you intended that to be the case.</p>
<p>Note also that the Act includes the scenario where the intention is merely to expose the other party to a <em>risk of loss</em>. For example, a mortgage contract may ultimately conclude with all payments made on time, but if your use of a pseudonym prevented the lender from discovering your past defaults, you've exposed them to a risk. If that was your intention since the start, the offence may be triggered.</p>
