Facsimile signature - convenience or headache
In the legal field of Russian legislationthere are many gaps in respect of the action, the practice in reality, but not covered adequately in the regulations. Because of these gaps there are many issues and legal disputes, and one of these problems - the use of facsimile.
A facsimile is a special stamp,copy a sample of a painting of someone. Most often, the facsimile signature is used by officials to simplify the workflow. At the same time, the law, without giving a clear and clear definition of its use, recognizes the facsimile reproduction of the signature as an analogue of the handwritten one. It is because of this disagreement in the legislative framework and there are negative legal consequences.
It would seem that common life situations. The signature of the head is urgently needed, but it is not in place, and nobody has the right to sign. Or, for example, the head was brought to witness a foot of documents, the height of which is measured in centimeters. At first glance, the ideal solution is the use of a facsimile signature. This is where the potential danger of using cliches lies. Hypothetically, facsimiles, stamps, even those that accurately copy the list of officials, can not testify about his personal decision to assume obligations in the sense of the signed document.
Current standards of reference(YGSD and GOSNO) talk about the need to have a personal signature on the documents, without specifying how it is affixed - either with one's own hands or using a facsimile. On the other hand, the only normative act, at least somehow regulating the use of facsimiles, is the Civil Code of the Russian Federation. He determines that the facsimile signature can only be used when concluding civil law transactions with the consent of the parties and in a lawful manner. Therefore, in the case of long-term confidential relations between business partners, it is possible to legalize the use of cliches of signatures in the document circulation. To do this, it is sufficient to draw up an additional agreement of the parties or to include an item on the use of facsimiles in the text of a mutual treaty.
It is necessary to pay attention to a number of unconditionalrestrictions in the use of cliches when signing documents. In accordance with a number of normative acts, the facsimile can not be applied for registration of financial documents, in financial statements and in payment documents. Power of attorney and bills that do not have a handwritten signature are unequivocally recognized as invalid. It is also not possible to use a signature cliché on primary accounting documents and unified labor accounting documents.
A lot of controversial questions arise ifthe facsimile signature is stamped on the invoices. The RF Ministry of Finance and tax authorities are categorically against such liberties, despite the emerging arbitration practice of resolving similar disputes in courts. To date, judges take the side of the taxpayer and point out the absence of a prohibition of legislation to use facsimiles when processing invoices.
Certain Usage Difficultiesfacsimile prints also occur when the internal workflow is maintained. To avoid troubles and misunderstandings, separate paragraphs should be provided in the internal instructions for record keeping and indicate in which cases the facsimile is used, where it is kept and who has the right to use it. In any case, if there are any serious consequences due to the use of cliches, their opinion on the legality of its application will have to be justified in court.
In short, the risk of using cliches is great,and in the light of the ambiguous interpretation of the legislation, its usefulness becomes doubtful. Therefore, for most officials, the facsimile signature serves only to confirm respectability and is used when signing congratulations, invitations, information letters and references, as well as on certified copies of documents.