Initialling a document: still useful with an electronic signature?
Who hasn't had to initial a document to the point of getting hand cramps?
We often wonder whether this practice is really useful for legally validating a contract. Isn't a signature enough?
We'd like to remind you of the principles behind initialling, its legal value, and whether electronic signatures can replace it. Let's get to the point!
What is a signature?
The initials are placed on each page in addition to the final signature, to certify that the entire document has been read and approved.
It is a shortened version of the signature, which guarantees that :
- the signatories have gone through all the pages of a (sometimes lengthy) document,
- the document has not been altered (page added, modified, falsified, etc.) after it has been signed, and that it is therefore true.
Initialling a document is an effective way of protecting yourself against disputes, particularly when the stakes are high.
➡️ What is the difference between initialling and signing?
- Signing takes place at the end of a contract and is mandatory to validate a document. The initials must represent the first and last names of the signatory.
- The initials, on the other hand, are compulsory only in certain cases (see rest of article), consist solely of the initials of the signatory and are affixed to each page.
➡️ Should I initial on the left or right? There is no convention on this subject. However, it is customary to initial at the bottom right for practical execution and verification purposes.
Does initialling have any legal value?
Not in the case of a private document
A private document is a legal document that is not signed under the authority of a public official (notary, court clerk, etc.).
Examples include :
- a rental lease
- the sale of a vehicle
- an order form
- a bank loan,
- a property sales agreement,
- a water damage report,
- an employment contract,
- an insurance contract
- a telephone contract, etc.
The Court of Cassation ruled on 27 January 1993, 91-12.115 :
Whereas it follows from this text that, apart from the exceptions provided for by law, a private document is not subject to any other condition of form other than the signature of those who are bound by it.
This means that the initials have no real legal value, and that only the handwritten or electronic signature has legal value. It may, however, be used as a precautionary measure.
Yes for authentic instruments
Another name for notarial deeds, authentic instruments are different from private documents, in that they must be initialled by the signatories and the public official to validate the deed.officier public is required to validate the signing of the deed, as set out in Article 14 of Decree no. 2005-973 of 10 August 2005 :
Each sheet is initialled by the notary and the signatories of the deed, failing which any sheets not initialled are null and void. However, if the sheets of the deed and, where applicable, its annexes are, at the time of signature by the parties, joined together by a process that prevents any substitution or addition, there is no need to initial them.
Electronic signatures for initialling documents online
As we have already seen, although initialling is compulsory to guarantee the integrity of notarised deeds and to formalise the agreement, using an alternative process can make it possible to do without initialling.
💡The electronic signature is frequently used to replace the initials on PDF documents.
Signing a contract electronically therefore legally allows you to dispense with the initials, which is rather good news when you regularly sign contracts of several dozen pages, isn't it?
Since 23 July 2014, the eIDAS (Electronic Identification And trust Services) regulation adopted by the European Parliament and the Council of the European Union has made it possible to guarantee the legal value of electronic signatures, thanks to a set of defined criteria that must be met.
To ensure that an electronic signature is legitimate, you need to go through a Trusted Service Provider, who can issue an electronic certificate enabling you to :
- authenticate a natural or legal person,
- encrypt exchanges,
- sign a document securely online.
How does the electronic signature guarantee the integrity of the document? When a contract is signed, qualified time stamping is used to certify the precise moment when it was signed and to encrypt the document so that it cannot be altered.
To do this, you can turn with confidence to Universign, which lets you electronically sign all your documents, in just a few clicks, but above all in complete security thanks to its eIDAS compliance.
Is initialling doomed to disappear?
As we have seen, initialling a document is mandatory for authentic instruments. At the same time, the use of electronic signatures means that this is no longer legally necessary.
So is the initialling process doomed to disappear as electronic signatures continue to take off? It's worth noting that 39% of organisations already have an electronic signature solution, and 25% of those that don't yet have one plan to do so by 2021 (source: Archimag). It has to be said that the pandemic has helped speed up the transition from handwritten to digital signatures.
The electronic signature is therefore booming, but we are still a long way from seeing it become widespread. What's more, the practice of initialling documents has become so ingrained that some electronic signature software offers the option of electronically initialling documents. A good way of reassuring those who are nostalgic for those pretty initials at the bottom of a page.
What do you think? Are we heading straight for the demise of the initials?
Article translated from French