Choosing the Right Qualified Electronic Signature for Business
Deals clarifies the importance of selecting the correct Qualified Electronic Signature (QES) for the legal validity of corporate documents.
The media outlet Deals has published an article focusing on the critical importance of choosing the right Qualified Electronic Signature (QES) for companies. The article emphasizes that while an individual may possess multiple QESs for various purposes, a personal signature cannot be used to sign documents on behalf of a legal entity. A corporate QES is always linked to an employee’s name and the organization’s Unified State Register of Enterprises and Organizations of Ukraine (ЄДРПОУ) code.
Legal regulations, specifically Part 2 of Article 207 of the Civil Code of Ukraine, mandate that legal entities’ transactions must be signed by authorized individuals. This means that documents provided by a company to third parties must be signed by a person duly empowered to act on its behalf. The Law of Ukraine “On Electronic Trust Services” also stipulates that qualified electronic trust services must be used for interactions requiring the permanent storage of electronic data and confirmation of economic transactions.
Utilizing a specialized QES issued to an employee specifically for the operations of a particular legal entity offers several advantages and is crucial for Ukrainian businesses:
- Legal Validity: Guarantees the legitimacy of electronic documents and agreements, eliminating the risk of them being deemed invalid.
- Avoiding Legal Issues: Prevents potential misunderstandings and claims from regulatory bodies, which is particularly relevant amidst heightened scrutiny.
- Convenience and Transparency: Streamlines electronic document management and ensures clear accountability for signed documents, even when one individual manages multiple companies.
An ill-considered choice of QES can lead to serious legal repercussions, therefore, companies are advised to carefully consider legislative requirements when selecting an electronic signature.
Source: Deals