Brazil Counsel

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Don’t Forget to Initial That Page

If you’ve ever signed a contract in Brazil or any country in Latin America, you’ve likely experienced pen fatigue. It’s the syndrome you develop from having to initial every page of a contract.

In the US, we’re accustomed to signing only one page - the signature page - at the end of a contract. But for most Brazilians, this practice is unheard of. What about fraud, they ask. And there you have it: the reason for having to initial each page.

The concern is that someone could swap out one page and replace it with another page. This wouldn’t be possible if every page had the parties’ initials.

Before computers, it was common to write out numbers. For example, you’d commonly see “one hundred dollars and 00/100 cents” because of a genuine concern that someone could change $100.00 to $700.00 with the stroke of a pen.

Today, numbers typed on a computer are clear and easy to read. Paragraphs are numbered, and a single word change can alter a document’s pagination. Plus, electronic documents are filled with metadata that can show alterations.

Word processing has helped to lessen the risk of fraud. Most US contracts today don’t even require original signatures. A fax, PDF, or electronic signature will suffice.

But contract fraud is real and merits concern. So the next time you’re asked to initial every page of a contract, know that you’re ultimately helping protect yourself (even if your hand hurts a little).