What is a wet signature?

Why is it called a ‘wet’ signature?

The name refers to the ink being wet at the moment of signing. The term only came into common use after electronic signatures appeared. Before that, a wet signature was simply a signature. It is also called a wet ink signature, an ink signature or an original signature.

A wet signature is usually a handwritten name. It does not have to be. A handwritten initial, a mark such as an ‘X’, or an inked stamp or seal counts as a wet signature if it is applied physically to paper and identifies the signer.

Is a wet signature more legally valid than an electronic signature?

No. For most documents in the UK and US, a wet signature and an electronic signature carry the same legal weight.

In England and Wales, the Electronic Communications Act 2000 provides for the admissibility of electronic signatures, and the Law Commission confirmed in its 2019 report ‘Electronic Execution of Documents’ that an electronic signature is capable of executing a document wherever a signature is required, provided the signer intends to authenticate the document and any formalities are satisfied.

In the US, the ESIGN Act 2000 (15 U.S.C. § 7001) states that a signature cannot be denied legal effect solely because it is in electronic form. The Uniform Electronic Transactions Act (UETA) applies the same principle at state level and has been adopted by most states.

In the EU, Article 25(2) of the eIDAS Regulation (EU) No 910/2014 gives a qualified electronic signature the equivalent legal effect of a handwritten signature.

When is a wet signature still required?

It depends on the document type and jurisdiction.

In England and Wales, wills must be signed on paper by the testator in the presence of two witnesses under section 9 of the Wills Act 1837. Wills cannot be signed electronically.

A temporary provision allowing witnesses to be present by video link, introduced during the pandemic, expired on 31 January 2024 and was not renewed. The signature itself required wet ink throughout that period. Only the witnessing could be remote.

In the US, section 103 of the ESIGN Act (15 U.S.C. § 7003) excludes certain documents from its scope. These include wills and testamentary trusts, family law documents such as adoption and divorce papers, court orders, and notices of utility cancellation, eviction, foreclosure or insurance termination. For these documents, state law governs, and a wet signature is the standard method of execution.

Some organisations also require wet signatures as a matter of policy rather than law. A bank, insurer or counterparty is entitled to insist on ink even where legislation permits an electronic signature.

For a fuller breakdown of which documents fall outside e-signature legislation, see What documents cannot be signed electronically?.

Is a scanned signature a wet signature?

No. A scanned or photographed wet signature becomes a digital image. Once inserted into an electronic document, it functions as a form of electronic signature, not a wet signature. Where a wet signature is legally required, the original ink-on-paper document is what satisfies the requirement, not a scan of it.