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Artem Morozov2018-04-21 12:46:47
Law in IT
Artem Morozov, 2018-04-21 12:46:47

How to remotely sign contracts and acts?

Hello everyone, I opened an individual entrepreneur, a current account and the question of documents arose. I am creating websites.
So, how can you remotely sign contracts with counterparties? Who uses what? I went through the Internet and realized that it seems like you can use scans with signatures. That is, you print out the contract, sign it, and send it to the client. He prints, signs and sends to me. But is it really legal?
Another option is via email. That is, all e-mails sent from the e-mail addresses of the parties are considered signed with a simple electronic signature - an e-mail address. Read more about the method here .
But this is all theory. How do these methods work in practice? And do they work? Maybe there is something better? Yes, there is an old-fashioned way to send documents by mail. But it does not fit, because it is long. I make a website for 2 days, and it’s not an option for me to wait a month until the documents go. Yes, and damn it, we live in 2018, what mail?
Please help, my head is already swollen.

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5 answer(s)
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Jacob E, 2018-04-21
@Zifix

Just scans - written on the water with a pitchfork. You need a normal EP.
In practice, electronic document management works quite well. If the accounting department is in Elba, then also the electronic signature is free, which can be used here https://www.diadoc.ru/

Z
Zr, 2018-04-21
@Zr

IANAL, TINLA.
> But does it really have legal force?
Can you think of a reason why it doesn't? Are you entering into a transaction for which only a handwritten signature is allowed in your country or in the country of the counterparty? Or, God forbid, do you need notarization?
> Yes, and damn it, we live in 2018, what kind of mail?
That 's right, back in the 1830s, the telegraph was invented in Russia. When the telegrams *with signature assurance* appeared, I won’t say, but I don’t remember that someone canceled them. Do they exist in your country - call and find out.

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aderes, 2018-04-23
@de-iure

everything that is not prohibited is possible ... presumption of freedom of contract
, provide in the contract for the condition that the acts of completed work are drawn up in electronic form, the transfer of acts is carried out by e-mail, indicate in the contract the addresses of the parties from which the documents will be sent and received, taking into account that you are an individual entrepreneur (probably on an income of 6%?), then this will be enough for you, since only the accrual and payment of 6% of your income is important for the tax. And if a dispute arises with a counterparty, then the courts normally accept electronic documents as evidence, especially if this is stipulated in the contract...
paper copies of documents are needed, necessarily needed only if it is expressly provided for by legislation, for the most part related to bookkeeping. accounting, but it probably won't apply to you

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Pavel, 2018-05-27
@SelectVim

To confirm the conclusion of an agreement means to confirm exactly that the proposal to conclude an agreement and the consent to conclude it comes from specific persons. There is no direct such obligation - live seals or EDS. Not even in most cases to sign a paper document. If you have a website and an official address is indicated there, your customer has a similar situation, and correspondence was conducted from these addresses - in the vast majority of cases, the court recognizes the contract as concluded, if there are no other obstacles. But you forget about the tax office - they will take out your whole brain if they check. However, if you are on income from the simplified tax system, then the chance of running into a check is small.

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