FACSIMILE SIGNATURES - 8082

Government Code section 5500 defines a facsimile signature as the reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer. Government Code section 5501 requires that every authorized officer who uses a facsimile signature on any instrument of payment will file their manual signature, certified under oath, with the Secretary of State. A facsimile signature has the same legal effect as the use of a manual signature.

Agencies/Departments must ensure adequate safeguards are taken to prevent improper or unauthorized use of facsimile signatures. Rubber stamps must be locked in a secure place with the key in the custody of the authorized check signer. For more information on safeguarding signature plates, see SAM section 8081.

When an individual is no longer authorized to sign checks, agencies/departments will use any convenient method to destroy facsimile signatures so they are no longer usable. For rubber stamps, agencies/departments should remove the imprint from the stamp and cut it with scissors. Two persons, exclusive of the individual whose signature is involved, will witness and sign an acknowledgment of the destruction of the facsimile signature. One copy shall be given to the individual whose signature is involved, and one shall be retained and filed by the agency/department.