Wet Signature vs Digital: Legal Requirements & Best Practices

Wet Signature vs Electronic Signature: What You Need to Know

You’re closing a deal, filing court papers, or trying to get a contract signed fast. Suddenly, you find yourself wondering: Does this need a real signature, or can I click “sign”?

Digital workflows run pretty much everything now. However, there are a few rare-ish cases where a wet signature may still be required.

What Is a Wet Signature?

A wet signature is ink on paper. Handwritten. Physical. The term “wet” comes from the ink being literally wet when you apply it.

For centuries, this was how you signed agreements. No alternatives.

From Traditional Wet to Digital Signature

Contracts used to require manual execution. Period. Then, legislation caught up to technology. Laws like the ESIGN Act, UETA, and eIDAS recognize that electronic signatures can carry the same legal weight when they are done correctly.

However, that ink-on-paper ritual still persists in some legacy workflows, government filings, and other transactions. Sometimes it’s just out of habit. Sometimes it’s an internal policy that hasn’t been updated in years. Sometimes it’s actually required.

Some Legal Documents May Still Require Physical Signatures

Most agreements can now be handled digitally.

But a few still require physical ink. Here are a few examples:

Wills and testamentary documents - however, this is changing as states like Nevada, Florida, Indiana, Arizona, Utah, and Colorado have adopted the Uniform Electronic Wills Act. Property deeds and mortgage agreements. Adoption papers. Immigration filings (depends on jurisdiction). Trust formation documents. Divorce settlements. Certain government or court-submitted materials.

Many jurisdictions also require traditional signatures on notarized documents.

Wet Ink Signature vs. Electronic Signature Comparison

Rules Vary for Electronic Signatures in Global and National Cases

• United States: ESIGN and UETA cover most documents. Exceptions include wills in certain states and some court documents.
• European Union: eIDAS supports electronic signatures. High-value or regulated contracts may require a Qualified Electronic Signature.
• India: The Information Technology Act permits the use of e-signatures. Excludes real estate, power of attorney, and some government forms.
• China: E-signatures are generally accepted. Specific government or notarized forms may still require ink.

When a Wet Signature on a Physical Document Works Better

Wet signatures have their place. For example, there is no technology barrier for signers who lack digital access. Also, physical signature proof can work well in conservative industries. Those benefits might come at a cost, though.

Why a Handwritten Signature May Slow You Down

Ink-based workflows create problems:

Time-consuming. Print, mail, scan, resend. No inherent verification or tracking. Higher environmental impact. Risk of error, lost documents, or tampering. Poor scalability for fast-moving teams.

Modern agreements need modern velocity. Wet signatures often drag you down.

The Security Advantage of Going Digital Instead of Using Paper Documents

Built-in authentication through IP, email, and device match. Time-stamped execution logs. Tamper-evident records. Optional two-factor identity verification.

With a scanned wet signature, you’re hoping the ink is legit. With a smart platform, you have proof.

Consider Hybrid Approaches for Your Wet Signature

Sometimes you need both. Hybrid signature workflows let you capture ink signatures and scan them into your digital workflow. Log the event manually. Pair scanned documents with metadata. Consider routing hybrid agreements through platforms like Signus to maintain control.

Reality Check for How You Sign Documents

Ink isn’t obsolete. But it’s no longer the default.

Use wet signatures when required by law or policy. Use electronic signatures when the goal is speed, clarity, and traceability.

This blog post is for informational purposes only and is not legal advice. Please consult a qualified attorney for your specific situation.