in the legal field of the Russian legislation, there are many gaps in respect of the activities practiced in reality, but not covered adequately in the regulations.Because of these gaps there are many issues and legal disputes, and one of these problems - the use of facsimile.
By facsimile of a special stamp is understood that copies a sample painting anyone.The most common facsimile signature is used by officials to simplify workflow.The law does not give a clear and a clear definition of its use, recognizes the facsimile signature as an analogue of a handwritten.It is because of such differences in the legal framework, and there are negative legal consequences.
It would seem that common life situations.Urgently needed signature of the head, but it is not in place, and the right to sign more than one of those present is not.Or, for example, the head of the stack of documents brought to endorse, the height of which is measured in centimeters.At first glance, the ideal solution is to use facsimile signatures.Here lies the potential risk of using a cliché.Hypothetically, facsimile, stamps, even exactly copying paintings officer could not testify about his personal decision making the commitments within the meaning of the signed document.
currently in force standards of record keeping (EGSD and GDLN) talk about the need for a personal signature on documents, without specifying how it is to be indicated - by hand or using a facsimile.On the other hand, the only normative act, though somehow regulating the use of the facsimile is the Civil Code.He determines that the facsimile signature can only be used at the conclusion of civil transactions with the consent of the parties and in a lawful manner.Therefore, in the case of long-term relationship of trust between business partners, it is possible to legalize the use of clichés signatures in the document.It's enough to make a supplementary agreement of the parties or to include an item on the use of a facsimile of the text of a mutual agreement.
Note the absolute number of restrictions in the use of clichés when signing documents.In accordance with a number of regulations, a facsimile can not be used for processing financial documents, financial statements and payment documents.Powers of attorney and promissory notes without a handwritten signature, uniquely considered invalid.It is also not possible to use a cliche signature on the primary accounting documents and standardized documents for accounting work.
Many disputes occur if the facsimile signature affixed in the invoices.The Finance Ministry and tax authorities categorically against such liberties, despite the emerging arbitration practice solving similar disputes in the courts.To date, the judges take the side of the taxpayer and indicate the absence of legislation banning use facsimile at registration of invoices.
Certain difficulties of using a fax print arise in the conduct of internal documents.To avoid trouble and misunderstandings should provide the individual items in the internal instructions for record keeping and to specify the cases in which the facsimile is used, where it is stored and who has the right to use it.In any case, in the event of any serious consequences from the use of cliches its opinion on the legality of its use will have to prove in court.
In short, the risk of using a cliché is great, and in the light of the varying interpretations of the legislation its usefulness is questionable.Therefore, the majority of officers facsimile signature serves only to confirm the respectability and used when signing greetings, invitations, newsletters and memos, as well as certified copies of documents.
