---
title: HUD Statement of Compliance: Ink or E-Sign? | WellStanding
url: https://wellstanding.com/guides/hud-statement-of-compliance-signature/
description: HUD's handbook says original ink. The federal regulation accepts a legally valid e-signature. See what each source says and who may sign.
updated: 2026-11-04
type: guide
publisher: WellStanding Certified Payroll
---
# HUD and Davis-Bacon Statement of Compliance: ink signature, e-signature, and who may sign

The sources are [HUD Handbook 1344.1 REV-3](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) (chapters 4 and 5, January 2023), the Department of Labor's rules at [29 CFR 5.5](https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5) and [29 CFR part 3](https://www.ecfr.gov/current/title-29/subtitle-A/part-3), and DOL's [WH-347 page](https://www.dol.gov/agencies/whd/forms/wh347).

Last reviewed November 4, 2026 against the sources it cites

The short answer

The sources conflict. [HUD's January 2023 handbook](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf), which pertains to local agencies, FHA employers and HUD staff, calls for an original ink signature, while [29 CFR 5.5(a)(3)(ii)(E)](https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5) accepts a handwritten or legally valid electronic signature. The handbook rejects photocopies, and [DOL's rule discussion](https://www.govinfo.gov/content/pkg/FR-2023-08-23/html/2023-17221.htm) and [WH-347 page](https://www.dol.gov/agencies/whd/forms/wh347) reject photocopies and scans. Ask your agency in writing which it accepts; note that [HUD Notice H 2015-09](https://www.hud.gov/sites/documents/15-09hsgn.pdf) made HUD's electronic system mandatory for the programs it lists, with its status unconfirmed.

- [HUD Handbook 1344.1 REV-3 (January 2023), paragraph 4-3(D)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf), calls for an original ink signature on the Statement of Compliance and rejects stamps, photocopies and facsimiles, in a chapter that says it pertains to local contracting agencies, employers on FHA projects and HUD staff.
- [29 CFR 5.5(a)(3)(ii)(E)](https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5), in the eCFR text current to November 3, 2026, says the signature must be an original handwritten signature or a legally valid electronic signature.
- DOL's [WH-347 instructions page](https://www.dol.gov/agencies/whd/forms/wh347) says legally valid electronic signatures are acceptable and that photocopies or scanned copies of signatures do not satisfy the requirement.
- A [Wage and Hour letter dated November 12, 2004](https://www.fhwa.dot.gov/construction/cqit/111204dol.cfm) says proper use of electronic signatures on certified payrolls satisfies the Copeland Act and its regulations.
- [HUD Notice H 2015-09](https://www.hud.gov/sites/documents/15-09hsgn.pdf), issued October 5, 2015, made HUD's Davis-Bacon electronic certification system mandatory after March 31, 2016 for projects under 50 percent complete in the programs it lists, and made a PIN the electronic signature inside that system.
- [Handbook paragraph 5-10(K)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) lets an owner, a corporate officer or a designee authorized in writing sign, and requires a corrected statement when the signer is not one of them.

## Does a HUD Statement of Compliance need an ink signature?

HUD's handbook says yes, for the people it addresses. [Paragraph 4-3(D)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) of Handbook 1344.1 REV-3 (January 2023) says each weekly payroll comes with a Statement of Compliance bearing the original ink signature of the owner, an executive or corporate officer, or a designee they authorized. Signature stamps, photocopies and facsimiles are not acceptable. [Paragraph 5-10(K)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) asks for an original signature in ink or other permanent marker. Neither mentions an electronic signature.

### Who the handbook speaks to

[Paragraph 4-1](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) says chapter 4 pertains to local contracting agencies, employers on Federal Housing Administration (FHA) projects, and HUD staff, so it speaks to employers as well as reviewers. [Chapter 5](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) directs HUD labor standards specialists and local agency staff doing delegated work for programs such as CDBG and HOME, and lists forms such as HUD-4010 as the labor standards clauses in contracts. Read that clause in your contract and ask your reviewer which paragraph applies.

## Does Davis-Bacon accept an electronic signature?

DOL's text says yes. [29 CFR 5.5(a)(3)(ii)(E)](https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5) says the signature by the contractor, subcontractor or their agent must be an original handwritten signature or a legally valid electronic signature, and [29 CFR 3.3(b)](https://www.ecfr.gov/current/title-29/subtitle-A/part-3) says the same under the Copeland Act rules. The eCFR text is current to November 3, 2026 and is not an official legal edition. DOL's [WH-347 instructions page](https://www.dol.gov/agencies/whd/forms/wh347) agrees: legally valid electronic signatures are acceptable, and photocopies or scanned copies of signatures do not satisfy the requirement.

A [Wage and Hour letter dated November 12, 2004](https://www.fhwa.dot.gov/construction/cqit/111204dol.cfm) says proper use of electronic signatures on certified payrolls satisfies the Copeland Act and its regulations. The [final rule of August 23, 2023](https://www.govinfo.gov/content/pkg/FR-2023-08-23/html/2023-17221.htm) put the signature sentences into 5.5 and 3.3, and its discussion says a scan or copy of a signature does not meet the requirements, whatever the method of submission. The rule applies only to contracts entered into after October 23, 2023, with one exception about wage determinations.

## Where HUD and DOL conflict

| Source | Date | Original or ink | Electronic signature | Copies |
| --- | --- | --- | --- | --- |
| [HUD Handbook 4-3(D)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) and [5-10(K)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) | January 2023 | Original, in ink (5-10(K): or permanent marker) | Not mentioned | 4-3(D) rejects stamps, photocopies, facsimiles |
| [29 CFR 5.5(a)(3)(ii)(E)](https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5) and 3.3(b) | Rule published August 23, 2023 | Original handwritten accepted | Legally valid signature accepted | Scan or copy alone fails, per the 2023 discussion |
| [DOL WH-347 page](https://www.dol.gov/agencies/whd/forms/wh347) | No revision date shown (OMB expiry 01/31/2028) | Not stated | Acceptable | Photocopies and scans fail |
| [HUD Notice H 2015-09](https://www.hud.gov/sites/documents/15-09hsgn.pdf) | October 5, 2015 | Not stated | A PIN is the signature in HUD's system | Not stated |

A payroll signed only electronically fits the regulation but not the handbook's wording. The handbook predates DOL's final rule, and the sources do not say which controls on a HUD-assisted job.

## HUD's own e-signature: Notice H 2015-09

[Housing Notice H 2015-09](https://www.hud.gov/sites/documents/15-09hsgn.pdf) set up HUD's Davis-Bacon Electronic Certification Submission Program, where a PIN becomes the contractor user's electronic signature for payrolls. It made the system mandatory after March 31, 2016 for projects less than 50 percent complete. It covers FHA insured, Section 542 Risk Share, healthcare and all Public Housing Authority construction loans, including RAD FHA loans. It does not list CDBG or HOME. The notice also says the service is to be used on all in-house contracts where staff performs the administration and enforcement of labor standards compliance, and it describes HUD directly administered projects as within its objective, so ask your reviewer whether your project is in scope. The notice says it remains in effect until amended, superseded or rescinded; no source here confirms its status beyond that line.

The handbook is softer. [Paragraph 4-3(A)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) says FHA employers are highly recommended to use a HUD-authorized Electronic Payroll System, and [5-10(B)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) says employers are encouraged to use the HUD system for electronic payroll. The handbook does not say whether that system is the one in the notice, and neither chapter mentions a PIN. Ask your reviewer which rule applies.

## What to do when the sources conflict

1. **Find your route.** Under [29 CFR 5.5(a)(3)(ii)(A)](https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5), a contracting agency or prime contractor may permit or require an electronic system if the system requires a legally valid electronic signature, lets the contractor, the agency and DOL access the payrolls for at least 3 years after the prime contract work is completed, and the agency or prime contractor permits other methods of submission where you are unable or limited in your ability to use or access the system.
2. **Ask in writing.** Email the contract administrator or labor compliance officer, or the prime contractor if you are a subcontractor. Ask whether an electronic signature is accepted, whether the original must arrive, and who may sign for you. Keep the reply.
3. **Sign by the route your project accepts.** If it accepts paper, sign in ink and send the original. That fits the handbook, the regulation and DOL's page, but it leaves out Notice H 2015-09, which made HUD's electronic system mandatory on the projects it lists. If your agency or HUD requires its portal, use that system's signature method. Never send a scan, photocopy, stamp or fax of a signature.
4. **Watch the clock.** [29 CFR 3.4(a)](https://www.ecfr.gov/current/title-29/subtitle-A/part-3) says delivery is due within 7 days after the regular payment date of the payroll period. HUD's handbook counts from the close of the pay week: [4-3(B)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) says promptly after it closes, and [5-10(A)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) says generally within one week after the payroll period closes. Check your contract and ask which deadline your agency enforces.

## Who is allowed to sign

| Source | Who may sign |
| --- | --- |
| 29 CFR 5.5(a)(3)(ii)(C) and the DOL WH-347 page | The contractor or subcontractor, or their agent who pays or supervises the payment of the workers |
| 29 CFR 3.3(b) | The contractor or subcontractor, or an authorized officer or employee who supervises payment of wages |
| HUD Handbook 4-3(D) | The owner, an executive or corporate officer, or a designee authorized by the owner or officer |
| HUD Handbook 5-10(K) | The owner, a corporate officer, or a designee authorized in writing by the owner or a corporate officer |

DOL's wording follows the job: who pays or supervises payment. HUD's follows authority: owner, officer or a designee, in writing under 5-10(K). An officer who does not pay or supervise payment of the crew fits HUD's 4-3(D) wording, but whether that officer fits DOL's wording is unclear, so ask your authority. HUD's [Agency/Contractor Guide](https://files.hudexchange.info/resources/documents/Davis-Bacon-and-Labor-Standards-Agency-and-Contractor-Guide.pdf), which shows no date in its text, says that when the signer is not a principal of the firm and has no authorization from one, the employer is asked for an authorization or a resubmitted statement.

## Can a preparer or payroll service sign for you?

The Statement of Compliance states facts about the contractor's payroll. [Section 5.5(a)(3)(ii)(C)](https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5) lists three: the payroll is correct and complete, each worker was paid the full weekly wages earned less only permitted deductions, and each was paid at least the required rates and fringe benefits. Paragraph (F) says falsification may bring prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. [Handbook paragraph 4-3(E)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) gives a similar warning and cites section 231 of title 31. DOL's [WH-347 instructions](https://www.dol.gov/agencies/whd/forms/wh347) add that the party signing should have knowledge of the facts represented as true.

- **A preparer that only assembles the paperwork.** On the text of 5.5(a)(3)(ii)(C), the agent who may sign is one who pays or supervises the payment of the workers, and [section 3.3(b)](https://www.ecfr.gov/current/title-29/subtitle-A/part-3) names an authorized officer or employee who supervises the payment of wages. A preparer that does neither fits neither wording. No source here applies either provision to preparers, so this is a reading of the text, not a ruling.
- **A payroll processor that issues the crew's pay.** On the text of 5.5(a)(3)(ii)(C), the question is whether the processor pays or supervises the payment of the workers, and no source here applies that clause to payroll processors. HUD's 4-3(D) and 5-10(K) still call for the owner, an officer or a designee, in writing under 5-10(K), so ask the authority whether it accepts a signer outside your company.

The certification is the contractor's, so you review and sign it. If someone else will sign, get the written authorization and the authority's answer first.

For California rules, see [who signs certified payroll in California](https://wellstanding.com/guides/who-signs-certified-payroll-california/) and [Davis-Bacon plus California prevailing wage](https://wellstanding.com/guides/davis-bacon-plus-california-prevailing-wage/). For the form, see the [WH-347 guide](https://wellstanding.com/guides/wh-347/), and for the agencies, [housing authority certified payroll](https://wellstanding.com/guides/housing-authority-certified-payroll/). For the worker interview form that an agency compares to your payroll, see the [HUD-11 employee interview form guide](https://wellstanding.com/guides/hud-11-employee-interview-form/).

## If you want the payroll prepared

We prepare certified payroll for public works contractors. Tell us about your project.

## Questions

**Can I sign a Statement of Compliance electronically?**

DOL's [5.5(a)(3)(ii)(E)](https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5) and [WH-347 page](https://www.dol.gov/agencies/whd/forms/wh347) say a legally valid electronic signature is acceptable. HUD handbook paragraphs [4-3(D)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) and [5-10(K)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) ask for ink. On the projects [Notice H 2015-09](https://www.hud.gov/sites/documents/15-09hsgn.pdf) lists, a PIN is the signature in HUD's system. Ask your authority in writing.

**Is a scanned or photocopied signature acceptable?**

No source here accepts one. DOL's [WH-347 page](https://www.dol.gov/agencies/whd/forms/wh347) says photocopies or scanned copies do not satisfy the requirement, and handbook paragraph [4-3(D)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) rejects photocopies and facsimiles.

**Can my bookkeeper sign certified payroll?**

DOL's [3.3(b)](https://www.ecfr.gov/current/title-29/subtitle-A/part-3) names an authorized officer or employee who supervises the payment of wages, so on its text an authorized employee who supervises that payment can fit. HUD's [5-10(K)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) wants the owner, a corporate officer or a written designee, so get a signed authorization and ask the authority.

**Can a payroll service sign for me?**

No source here addresses payroll services, so this is a reading of the text. [5.5(a)(3)(ii)(C)](https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5) lets the contractor's agent who pays or supervises the payment of the workers sign, so the question is whether the service does that. HUD's [4-3(D)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) and [5-10(K)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) still call for the owner, an officer or a designee, in writing under 5-10(K), so get that authorization first.

**What if I already sent a payroll with a stamped or copied signature?**

[Paragraph 5-10(K)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) says that when a statement does not bear an original signature, the employer is required to submit a corrected one with a proper original signature. Separately, HUD's [Agency/Contractor Guide](https://files.hudexchange.info/resources/documents/Davis-Bacon-and-Labor-Standards-Agency-and-Contractor-Guide.pdf) says an unsigned or missing statement means the employer is asked for a signed statement for each payroll affected.

## Sources

Every figure on this page links to its source where it first appears. The full list, in order:

1. [HUD Handbook 1344.1 REV-3](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C4SECH.pdf) hud.gov
2. [29 CFR 5.5](https://www.ecfr.gov/current/title-29/subtitle-A/part-5/subpart-A/section-5.5) ecfr.gov
3. [29 CFR part 3](https://www.ecfr.gov/current/title-29/subtitle-A/part-3) ecfr.gov
4. [WH-347 page](https://www.dol.gov/agencies/whd/forms/wh347) dol.gov
5. [DOL's rule discussion](https://www.govinfo.gov/content/pkg/FR-2023-08-23/html/2023-17221.htm) govinfo.gov
6. [HUD Notice H 2015-09](https://www.hud.gov/sites/documents/15-09hsgn.pdf) hud.gov
7. [Wage and Hour letter dated November 12, 2004](https://www.fhwa.dot.gov/construction/cqit/111204dol.cfm) fhwa.dot.gov
8. [Handbook paragraph 5-10(K)](https://www.hud.gov/sites/dfiles/OCHCO/documents/13441C5SECH.pdf) hud.gov
9. [Agency/Contractor Guide](https://files.hudexchange.info/resources/documents/Davis-Bacon-and-Labor-Standards-Agency-and-Contractor-Guide.pdf) files.hudexchange.info

## Related

- [Housing authority certified payroll](https://wellstanding.com/guides/housing-authority-certified-payroll/)
- [The WH-347 form, field by field](https://wellstanding.com/guides/wh-347/)
- [CDBG and HUD certified payroll in California](https://wellstanding.com/guides/cdbg-hud-certified-payroll-california/)
- [Who signs certified payroll in California](https://wellstanding.com/guides/who-signs-certified-payroll-california/)
- [Davis-Bacon plus California prevailing wage](https://wellstanding.com/guides/davis-bacon-plus-california-prevailing-wage/)
- [HUD-11 employee interview form](https://wellstanding.com/guides/hud-11-employee-interview-form/)