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Does a fax count as “in writing”?

That depends on the country, the contract and the type of statement: some statements require an original signature that a fax can't replace. If in doubt, check the contract or the recipient's requirements – this is not legal advice.

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  1. 1 Document
  2. 2 Fax number
  3. 3 Send

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Step by step

  1. 1 Step 1

    Clarify the framework

    Whether a fax is enough depends on the legal system, the contract and the type of statement. Often the recipient states which channels they accept.

    Clarify the framework
  2. 2 Step 2

    Spot exclusions

    If an original signature is required or the contract excludes fax, a fax is usually not enough.

    Spot exclusions
  3. 3 Step 3

    If in doubt, play it safe

    Read the contract and terms, ask the recipient, or also send the signed original by mail.

    If in doubt, play it safe
  4. 4 Step 4

    Keep the proof

    Keep the transmission report together with the document. It proves the transmission, not the form.

    Keep the proof

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Video transcript

Does a fax count as being in writing? The honest answer: it depends on the country, the contract and the type of statement. This is not legal advice, but I'll show you what to check beforehand. Whether a fax is enough depends on several things: on the legal system in the country concerned, on what your contract says, and on the type of statement. Often the recipient states which channels they accept. Be careful when an original signature on paper is required. A fax cannot replace it. And if the contract excludes fax, or an important deadline is running, check the requirements closely. If in doubt, read your contract, ask the recipient, or also send the signed original by post. When you send by fax with mcpfax, you get a transmission report after every fax. It proves the time, the recipient number, the pages and the result of the transmission. It does not prove that the form requirements were met. You'll find the link to mcpfax in the description. What exactly the transmission report proves, you'll see in our video about it. Subscribe to the channel.

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Frequently asked questions

Does a fax replace an original signature?

Usually not if an original signature is expressly required. What applies in an individual case depends on the country and contract – this is not legal advice.

Can I cancel a contract by fax?

That depends on the form your contract or the provider requires. Check the contract and terms or ask the recipient.

What does the transmission report prove?

The time, recipient number, page count and result of the transmission – not whether the form requirements were met or whether the fax was read.

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