Signatures: What Are They For? Evolution and Uses in Business Documentation

Contracts, payroll receipts, and invoices are just a few examples of documents that establish a legal relationship between two parties, often requiring a signature as proof of agreement and compliance. But why do we sign? What is the purpose of a signature? And, most importantly, who came up with the idea of signing documents in the first place?

Before answering these questions, let’s define what a signature actually is. According to the Royal Spanish Academy (RAE), a signature is a person’s name and surname, written in their own hand on a document, with or without additional marks, to authenticate or approve its content. Similarly, legal scholars Robles Llorente and Vega Ramos define a signature as any distinctive mark or sign made with the intent to express consent or confirm a declaration of will within a document.

In essence, a signature is a personal mark used to validate a document or express agreement with its content.

The Role of Signatures in History

The concept of signing documents dates back thousands of years. In prehistoric times, humans used handprints as primitive signatures on cave paintings. Later, civilizations like Mesopotamia, Rome, and China developed written agreements, often incorporating seals as personal identifiers. However, it was not until the Middle Ages that signatures became a standard requirement across different social classes.

Throughout history, signatures have evolved alongside cultural trends. For instance, during the Gothic period, signatures were elongated and intricate, reflecting the artistic style of the time. The Renaissance introduced simpler, more fluid signatures, while the Baroque era brought about elaborate, decorative strokes.

The Three Main Functions of a Signature

A signature serves three key legal functions:

1. Identification – Confirms the identity of the signatory.
2. Declaration – Expresses the signatory’s intent to be legally bound by the document.
3. Proof – Provides evidence that a document was signed by a specific individual.

The Modern Challenge: Verifying Signatures

Today, handwritten signatures are still widely used, but they present a major challenge: how do we verify their authenticity?

More than seven years ago, attorney Alejandro Martínez observed a recurring issue in Mexican legal proceedings: how to prove who signed what. In court, common arguments included:

• “There is no physical proof of my signature.”
• “I never signed this document.”
• “That is not my signature.”

Traditionally, forensic experts analyze handwriting to determine authenticity. However, these graphological studies can be highly subjective, leading to legal disputes and uncertainty.

Technology and the Future of Signatures

With modern advancements, technology now plays a crucial role in eliminating doubts about authenticity and enhancing security. In Mexico, electronic signatures provide a legally valid alternative to handwritten signatures, offering greater protection and compliance for businesses.

Unlike traditional signatures, digital signatures use cryptographic methods to ensure that documents cannot be altered or forged. Additionally, in Mexico, legally recognized advanced electronic signatures (FIEL) provide a higher level of security, often requiring biometric verification or encryption.

What’s Next? The Digital Transformation of Business Documentation

For U.S. businesses operating in Mexico, understanding signature regulations is essential to ensuring compliance with Mexican labor and commercial laws. As the country continues to embrace digital transformation, implementing legally recognized electronic signatures can help businesses streamline operations, reduce risks, and maintain legally valid records.

Would you like to explore how secure digital signatures can help your business comply with Mexican regulations? Discover the benefits of an advanced e-signature solution today!