Business Use of Qualified Electronic Signatures: Corporate vs. Personal
A Deals article clarifies the use of qualified electronic signatures (QES) for businesses in Ukraine, addressing whether to use corporate or personal QES for legal entities.
The publication Deals has released an article detailing the specifics of using qualified electronic signatures (QES) for business needs in Ukraine. The article addresses a key question: which type of QES – corporate or personal – should be used for signing documents on behalf of a legal entity.
According to current legislation, including the Civil Code of Ukraine and the Law “On Electronic Trust Services,” legal entities’ transactions are signed by authorized individuals. While a corporate QES, containing organizational data, is typically used for company documents, the Deals article highlights nuances. It notes that an employee’s use of a personal QES is lawful if the parties have properly agreed to this arrangement and the signatory has full authority to act on behalf of the legal entity, for instance, based on a power of attorney.
This information is important for Ukrainian businesses and the Intecracy Group audience for several reasons:
- Legal Certainty: Helps companies better understand the legal aspects of QES application, avoid potential risks, and ensure document flow compliance with legal requirements.
- Operational Flexibility: Provides the ability to adapt electronic document management processes, especially during martial law, by allowing the use of employees’ personal QES, provided their authority is properly documented.
- EDM Optimization: Contributes to more effective implementation and use of electronic document management systems, ensuring correct identification of signatories and the legitimacy of electronic documents.
More details on the possibilities of using QES can be found in the full article.
Source: Deals