Facsimile signature - convenience or headache

In the legal field of Russian legislation, there are many gaps in the part concerning actions practiced in reality, but not adequately covered in regulatory documents. Because of such blank spots, there are many questions and legal disputes, and one of such problems is the use of facsimiles.

A facsimile is a special stamp that copies a sample of a painting of someone. Most often, the facsimile signature is used by officials to simplify the workflow. However, 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 conducting office-work (YGSD and GOSNO) speak about the need for personal signature on the documents, without specifying how it is affixed - either with one's own hands or using facsimiles. 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 be used only when concluding civil-law transactions by agreement 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 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 should pay attention to a number of unconditional limitations 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 accounting reports 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 the signature cliché on primary accounting documents and unified labor accounting documents.

A lot of controversial issues arise if the facsimile signature is put on 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 are taking the side of the taxpayer and point out that there is no prohibition to use the facsimile when processing invoices.

Certain difficulties in the use of facsimile impressions also arise in the management of internal workflow. To avoid troubles and misunderstandings, separate items should be provided in the internal instructions for record keeping and indicate in which cases the facsimile is used, where is stored 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 the cliche is great, and in the light of the ambiguous interpretation of the legislation, its usefulness becomes questionable. 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.