Also known as:subscribe · subscribes · subscribed · subscribing · subscriptions · subscriptio · subscriptor · signing · signature
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
in property and procedural law
The physical act of affixing a signature to a legal document for purposes of identification. Subscription is distinct from attestation by witnesses.
2
in corporate law
An agreement to purchase shares of a corporation, often entered before incorporation and subject to statutory rules on irrevocability and payment.
3
in professional conduct
A form of political contribution consisting of a gift, loan, advance, or deposit of value made to influence an election or appointment to judicial or government office.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in property and procedural law
The physical act of affixing a signature to a legal document for purposes of identification. Subscription is distinct from attestation by witnesses.
Examples3
Deed Execution by Subscription
Stella Shapiro prepared a deed conveying her cabin to Simone Sanders. Stella signed the deed at the end with her full name and delivered it to Simone with intent to pass title. The jurisdiction requires subscription as part of a valid deed. Simone accepted the deed. Title passed to Simone upon delivery.
Marital Agreement Subscription
Sylvia Santos and her fiancé signed a premarital agreement the day before their wedding. The agreement became effective upon marriage. Sylvia later sought to enforce its terms after the wedding.
Sense 2
2
in corporate law
An agreement to purchase shares of a corporation, often entered before incorporation and subject to statutory rules on irrevocability and payment.
Examples2
Pre-Incorporation Share Subscription
Sierra Santos and Steven Silva signed a subscription agreement to purchase shares in a planned corporation. The corporation formed six months later. Santos paid the agreed amount but Silva refused. The board called for payment under the subscription terms.
Partnership Act Binding Subscription
Sean Steele, a partner, signed a subscription agreement in the partnership name for new equipment in the ordinary course of business. The supplier delivered the equipment. The partnership was bound even though Steele lacked actual authority.
Sense 3
3
in professional conduct
A form of political contribution consisting of a gift, loan, advance, or deposit of value made to influence an election or appointment to judicial or government office.
Examples1
Political Contribution via Subscription
Sterling Dynamics made a subscription to a judicial candidate's campaign to obtain appointment as counsel for a state agency. The firm later received the engagement. The contribution raised questions about selection based on merit rather than the subscription.
Stonehaven Properties served a discovery response signed by its attorney. The signature certified that a reasonable inquiry supported the responses. The court later found the certification accurate.
Frequently Asked1
What distinguishes subscription from attestation in will execution?+
Subscription is the testator's physical act of signing the will for identification. Attestation is the separate act by which witnesses observe the testator sign or acknowledge the signature.
Frequently Asked1
When is a pre-incorporation subscription irrevocable?+
A subscription for shares entered before incorporation is irrevocable for six months unless the agreement provides otherwise or all subscribers agree to revocation.
1
Does a political subscription to a judicial candidate violate the Model Rules?+
A subscription made to obtain a government legal engagement or judicial appointment may undermine the integrity of the profession and is addressed by Rule 7.6 even though lawyers may participate in the political process.
497 U.S. 261, 277 (1990)Constitutional Law
…blood transfusion for religious objector because she was the mother of an infant and had explained that her objection was to the signing of the consent, not the transfusion itself); Application of President & Directors of Georgetown College, Inc. , 118 U. S. App. D. C. 80, 88, 331 F. 2d 1000, 1008 (blood transfusion ordered…