A signature authentication is a notarial document by which the notary certifies that a person has signed a document in their presence, or that the person acknowledges a signature already made as their own. This act does not validate the content of the document; rather, it attests to the authenticity of the signature and the identity of the person signing.
What is it for?
- Giving legal validity to private documents
- Guaranteeing that the person signing really is who they claim to be
- Preventing fraud or identity theft
- Submitting documents to foreign authorities (sometimes together with an apostille)
- Business, banking and immigration formalities, etc.
What exactly does the notary do?
- Verifies the identity of the person appearing by means of an official document
- Watches the person sign the document in their presence or asks them whether they acknowledge a signature already made
- Drafts a record or note certifying that the signature was made or acknowledged before them
- Attaches the document to the notary's official records (protocolo) or certifies it separately
- Gives a legalised copy to the person appearing
What types of authentication are there?
- Signature made in the notary's presencethe person signs before the notary
- Signature already madethe person acknowledges an earlier signature as their own
Important considerations
- A valid identity document must be presented
- The notary does not validate the content of the document, only the signature
- Documents with unlawful or blank content cannot be authenticated
- Sometimes the document is kept on file, depending on local legislation
Legal value
A signature authentication has full evidential value as a public document. The authenticated signature is presumed to be genuine, which provides legal certainty in contracts, powers of attorney, authorisations and other formalities.