Wet signature: What it is, when you need it, and how to get one remotely

Whenever you pick up a pen and jot down your signature on a sheet of paper, you add a wet signature. That’s the traditional, pen-or-ink signature on a physical document vs an electronic signature most people picture when they think about signing.

Under the Electronic Signatures in Global and National Commerce Act (ESIGN Act), however, some documents need a wet ink signature. Here’s your guide to the wet signature meaning, when it’s still required, and how to get one remotely.

What is a wet signature?

A wet signature (aka a wet ink signature) is any handwritten signature you put on a hard copy of a document using a physical writing instrument.

Of course, nowadays, you don’t have to use ink per se; a regular ballpoint pen will suffice. Still, the term “wet” stuck around from those days when ink was the default writing instrument, and you had to let it dry before handling the paper.

Now that we’ve covered what a wet signature is, let’s get ahead of one common misconception: a scanned image of your handwritten signature is not a wet signature. It is a form of electronic signature. The same rings true for a signature drawn with a tool like CreateMySignature.

If you’re under the impression that the term “wet signature” is relatively new, it might be because it became more popular in the 1990s and 2000s. The reason is simple: it helped distinguish traditional pen-on-paper signatures from e-signatures as those gained legal recognition, especially with the adoption of the UETA (1999) and the ESIGN Act (2000).

When are wet signatures still required?

The UETA and later the ESIGN Act put electronic signatures on equal footing with wet ones. Simply put, those laws said, “It doesn’t matter whether you sign a document on paper or electronically”. Well, in most cases. Both pieces of legislation also establish exceptions to this rule, meaning that some documents still require wet signatures.

In most U.S. jurisdictions, these documents have to be signed physically using the good-old pen-on-paper method.

Only wet signature apply

• Wills, testament orders, and codicils
• Court orders, notices, and other official court documents
• Adoption papers
• Documents in divorce proceedings
• Eviction and foreclosure notices for primary residences
• Some insurance benefit documents related to cancellation or termination
• Some bank loan agreements
• Real estate deeds (varies by state)

Both electronic and wet signatures apply

• Business contracts
• Non-disclosure agreements (NDAs)
• Employment offer letters
• Vendor agreements
• HR onboarding forms
• Invoices

If someone decides to challenge your e-signature in court, it falls on you to prove it meets certain criteria (e.g., intent to sign, consent to use electronic means). In such cases, having an audit trail is important.

How electronic signatures compare to wet signatures

Thanks to the ESIGN Act defining electronic signature legality, you’re free to pick between wet and electronic signatures as you see fit in most cases. But before you jump into the wet signature vs electronic signature comparison, keep in mind that electronic signatures are a very broad category. They span everything from images pasted onto a PDF to e-signatures collected via a specialized platform.

With that out of the way, how do electronic signatures compare to their pen-on-paper counterparts? Well, they tend to be faster and more convenient since you don’t have to send anything by mail, for one. Besides, they are also a more eco-friendly option since you don’t have to print out the document. 

If you use an electronic signature platform, e-signatures can be more secure than wet ones. They automatically record when the signature was added and from which IP address and verify the signer’s identity via an email confirmation or other authentication methods.

How to get a wet signature when parties are in different locations

Can’t replace a wet signature with an electronic one for this particular document? Printing it out for the signer is the easy part. Getting it to them if they’re in another town or state — not so much. Opt for express delivery with a unique tracking number and proofs of mailing and delivery. That’s the standard approach.

Here’s how to send a document by post if you absolutely must obtain a wet signature from a remote signer:

1. Print out the complete document. Add easy-to-spot “Sign here” markers to highlight signature fields. If the document is long, add a cover sheet with a quick overview of its key provisions.
2. Select your shipping operator and method. For sensitive documents, opt for mail with proof of mailing, a signature upon delivery, tracking, and secure storage. Consider the insurance coverage and delivery speed, too. For urgent matters, use next-day delivery.
3. Add a prepaid return envelope. With one included, the signer won’t have to waste time and money buying and filling out a return envelope.
4. Drop off your document. You’ll have to do it in person if you’re sending your document as registered or certified mail. Other options without a signature upon delivery (e.g., USPS Priority or First-Class Mail) don’t require you to.
5. Wait until you receive the signed document. There’s not much you can do to speed up the wait, but letting the signer know you’ve mailed the document might help.
6. Digitize it. As soon as you collect the signed copy, verify it’s properly signed and scan it. A scanned document is easier to retrieve than a hard copy.
7. Put the original away. You have to retain the original; it’s not optional. File it away in secure storage. Use a filing system to make it easy to find in the future.

When to use an electronic signature instead of a wet one

You can replace wet signatures with electronic ones in most B2B and B2C transactions, financial and real estate operations, and employment documents. Wet signatures are often the last resort, used only when the law mandates one.

Electronic signatures come in many shapes and forms, of course. Clicking “I Agree” is a form of electronic signature. So is overlaying an image of your signature onto a PDF. E-signature platforms, in turn, document multiple data points to prove who signed it, when, and where.

Ready to start adding and collecting e-signatures quickly and easily? Use CreateMySignature for free, simple online document signing.