What is a facsimile signature and is it legal on documents

The content of the article

• Facsimile Signature Concept
• Legality of facsimile signature on documents
• Normative base
• Legal force
• Facsimile in paperwork
• Purpose of use
• Application problems
• Facsimile or handwritten signature
• Facsimile manufacturing methods
• Where it is acceptable to use a fax print
• Ban on facsimile signature

The manager does not always have the time or opportunity to immediately sign a large number of documents. For such purposes, facsimiles exist. Using this stamp, the organization’s staff can endorse documents even in the absence of a director.

Facsimile Signature Concept

When they talk about facsimiles (“fac simile” in translation from Latin into Russian – “do this”) in work, they mean:

• Stamp (cliche) with a copy of the painting of a particular person, for example, the head of a company or a famous person.
• Impressions made with this print.
• Other ways to copy an autograph of a person onto paper.

Legality of facsimile signature on documents

Its use is allowed on business papers, but it is limited. Sometimes permission for such a signature needs to be agreed with the counterparty. There is a separate category of documents on which it is unacceptable to put such a stamp.

Normative base

• Part 2 of Article 160 of the Civil Code of the Russian Federation speaks of the possibility of using a facsimile signature for written transactions.
• Separate departmental regulations that relate to the use of such stamps in individual government agencies. For example, Order of the Ministry of Internal Affairs of Russia dated 06.02.2007 No. 130 “On the Procedure for the Production, Accounting, Storage and Destruction of Seals”.
• Letter No. 18-0-09 / 000042 @ of the Ministry of the Russian Federation for Taxes and Dues dated 01.04.2004 “On the use of facsimile signatures” regulates the prohibitions on the use of such a cliche.

Legal force

The facsimile signature of the manager can be used in the organization’s workflow, but you need to know about the boundaries of application. It will be valid only in cases that are expressly permitted by the laws of Russia or by agreement of the parties..

Facsimile in paperwork

Such a stamp is used by organizations with a large workflow. Use it in small companies does not make sense. Instead of making cliches, it will be easier for the director to personally deliver several paintings. The law allows the use of the stamp not only in commercial, but also in state or municipal structures.

Purpose of use

Facsimile is suitable when:

• Need to endorse a large number of securities.
• The head of the organization often travels. A proxy can sign on behalf of the director.

Application problems

Disadvantages of facsimile:

• Limited use. The cliche is not suitable for all documents. For example, signing a facsimile agreement is unacceptable.
• The need for cliche production costs (500-1500 rubles. Depending on the method of manufacture and configuration).
• It can be used for fraud. For example, put this stamp on an official letter.

Facsimile or handwritten signature

Their differences:

• Way of setting. The owner himself puts a fountain pen, a facsimile with his painting can be stamped by another person.
• Legal force. In personal painting it is always present, in facsimile in certain situations..

Facsimile Benefits:

• The ability to sign documentation without a manager.
• Saving boss time. Another person can stamp it.
• Speeding up the process of signing documents.

Facsimile manufacturing methods

• Mechanical. The original mural is scanned and laser cut from a piece of rubber. The advantage of this method is the exact following of the image and the reproduction of small strokes. The lack of mechanical manufacturing technology is the fragility of the stamp, the cliché is enough for 2-3 years.
• Electronic. Manufacturing comes from a liquid photopolymer that hardens in the light. A negative image of the signature is transferred to it and waiting for the plastic mass to get stronger. The disadvantage of this method is that with this polymer small strokes are not reproduced. The advantage is durability (over 5 years).

Where it is acceptable to use a fax print

It is allowed to be used for internal workflow – orders, award sheets, notices, notifications. In external paperwork they are put on letters for congratulations, invitations, offers, etc..

Ban on facsimile signature

Such a stamp must not be used on:

• bank checks;
• payment cards;
• invoices;
• waybills;
• declarations for tax inspection;
• powers of attorney;
• statements;
• bills;
• any documents requiring certification by a notary;
• contracts (labor, contract, etc.);
• acceptance certificates.