Signature authentication is a formal procedure through which a notary or lawyer certifies that a given signature was genuinely made or acknowledged by the person identified. This process ensures the legal security of documents, confirming that the signature is authentic and not forged.
In Portugal, this procedure can only be carried out in person. Therefore, it is not possible to authenticate a signature that was previously placed on a document and sent by email or in PDF format. The main purpose of signature authentication is to formally certify that the signature was made, or acknowledged as genuine, in front of the professional responsible for the authentication.
To complete the signature authentication, the following essential rules must be observed:
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The signatory must appear in person before the notary or lawyer.
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The signature must be placed in the presence of the professional, or, if the document is already signed, the person must personally declare that the signature is theirs and accept responsibility for it.
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The person must present a valid identification document, containing both photograph and signature (such as a citizen’s card or passport), allowing the notary or lawyer to compare the signature being authenticated with the one on the identification document.
The notary or lawyer assumes public responsibility when certifying the signature and must follow essential safeguards:
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Properly verify the signatory’s identity using the identification document.
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Ensure that the signature placed or acknowledged matches, in appearance, the signature shown on the identification document.
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Refuse the authentication if there are any doubts about the person’s identity or the authenticity of the signature.
This procedure explicitly prevents the authentication of signatures placed on documents sent by email or in PDF, since it is impossible to guarantee the authorship of a signature without the signatory’s physical presence and the direct verification of their identity.
In short, signature authentication is a formal act that necessarily requires the signatory’s physical presence and the professional’s direct control over their identity, ensuring authenticity and legal validity of the signed document.
