Initialling a document: still useful with an electronic signature?
Who hasn't had to initial a document to the point of cramping up?
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 paraphe?
In addition to the final signature, the initials are affixed to each page to certify that the entire document has been read and approved.
It's a shortened version of the signature, guaranteeing that :
- the signatories have gone through all the pages of a (sometimes voluminous) document,
- the document has not been altered (added page, modified, falsified, etc.) after signing, and is therefore true.
Initialing a document is an effective way of protecting yourself against disputes, particularly when the stakes are high.
➡️ What's the difference between initialing 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 obligatory only in certain cases (see following 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-hand corner for practical execution and verification purposes.
Does the initials have any legal value?
Not in the case of a private deed
A private deed 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,
- a purchase order,
- a bank loan,
- a real estate sales agreement,
- water damage report,
- an employment contract,
- insurance contract,
- a telephone contract, etc.
According to the French Supreme Court ruling of January 27, 1993, 91-12.115 :
Whereas it follows from this text that, apart from the exceptions provided for by law, a private deed is not subject to any other condition of form other than the signature of the parties.
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 deeds
Another name for notarial deeds, authentic instruments differ from private deeds in that they must be initialled by both the signatories and the public official.officier public is mandatory to validate the signature of the deed, as set out in Article 14 of Decree no. 2005-973 of August 10, 2005:
Each sheet is initialed by the notary and the signatories of the deed, under penalty of nullity of any sheets not initialed. 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 signature to initial a document online
As we saw earlier, although initialling is mandatory to guarantee the integrity of notarial deeds and formalize agreement, using an alternative process can make it possible to dispense with initialling.
💡Electronic signatures are frequently used to replace the initials on PDF documents.
Signing a contract electronically therefore legally makes it possible to dispense with the initials, which is rather good news when you regularly sign contracts of several dozen pages, isn't it?
Since July 23, 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 (TSP), who can issue an electronic certificate enabling you to :
- authenticate a natural or legal person,
- encrypt exchanges,
- securely sign a document online.
How does an electronic signature guarantee the integrity of the document? When a contract is signed, qualified time-stamping attests to the precise moment at which it was signed, and encrypts the document so that it cannot be altered.
For this, you can turn with confidence to Universign, which enables you to 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 initialling doomed to disappear as electronic signatures continue to take off? It's worth noting that 39% of organizations are already equipped with an e-signature solution, and 25% of those that aren't yet do plan to be so by 2021 (source: Archimag). It has to be said that the pandemic has helped accelerate the transition from handwritten to digital signatures.
Electronic signatures are therefore booming, but we're still a long way from seeing them become widespread. In fact, the practice of initialling documents has become so ingrained that some e-signature software packages offer the option of electronically initialling documents. A good way to reassure those 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