Why the need for facsimile signature
The mechanical analogue of a handwritten signature of the Director or other responsible official – a facsimile signature is used in business correspondence of many businesses and organizations. It may be necessary in the absence of the owner signature if necessary clearance of some urgent document, and, in addition, it can be used by the owner himself, who signed bring entire stacks of paper. However, a number of reasons, the widespread use of facsimile signatures in financial, economic, legal and tax matters quite risky.
Cases where the facsimile printing head fell into the hands of dishonest employees, a frequent occurrence, so in 2004 the letter of the Ministry for taxes and Levies №18-0-09/000042 "On the use of facsimile signatures" were clearly defined cases when its use is strictly prohibited. According to that letter, a facsimile signature is not put and is not valid on different kinds of powers of attorney, invoices, payment and other financial documents. The letter sets out the cases when the use of a facsimile is deemed acceptable.
If your organization is provided the use of a facsimile, it is necessary to assign responsibility for storage of the employee and fix the responsibility in his job description.
When a facsimile signature you can use
Facsimile impression of the signature can be used in civil-legal relations, in this case, its use is governed by paragraph 2 of article 160 of the Civil code of the Russian Federation. It stipulates that a condition of the validity of such signature may be, except as provided by law, the mere agreement of the parties. This means that when in the transaction it is planned to use facsimile, the parties shall conclude a supplementary agreement about this.
In the agreement authorizing the use of facsimile signatures, it is necessary to specify its validity.
This agreement may only relate to one specific transaction or to negotiate future business, which the organization plans to enter into with the counterparty. Necessarily in this agreement should list the types of documents that are subject to its provisions. In addition to the agreement of the head of the organization needs to take care of strict accounting and control over this facsimile stamp. His order, he appoints the persons authorized to use the facsimile signature shall specify the types of documentation where it can be used and gives a list of activities and measures to ensure its safety.
