Validity of Loan Agreements Executed via Carbon Copy Signature
In this case, A borrowed 5,000 Baht each from B, C, D, and E under four separate loan agreements. A arranged all four documents with carbon paper and affixed his signature only once on B’s copy, resulting in identical signatures appearing on the agreements delivered to C, D, and E.
The key issue is whether the loan agreements held by C, D, and E bear a legally binding signature of A.
Although the signatures on those agreements were mechanically reproduced through carbon transfer, the surrounding circumstances clearly indicate that A intentionally executed all four agreements simultaneously. The use of carbon paper was a deliberate method to replicate his signature across all documents with the intent to authenticate each of them.
Under Section 653 of the Thai Civil and Commercial Code, a loan exceeding a specified amount must be evidenced in writing and signed by the borrower. In this case, the reproduced signatures are attributable to A’s conscious act and intention, thereby satisfying the legal requirement of a signed written instrument.
Therefore, the loan agreements held by C, D, and E are valid and enforceable. Accordingly, C, D, and E are entitled to bring claims against A for repayment of the respective loan amounts.