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Delegation of the right to sign documents to a robot

Recently, I had a question of how legitimately to transfer to the automated system the right to sign documents on behalf of the CEO.

For example, the CEO wanted to take a vacation, and closing documents should be formed, payments should be accepted. Formally, a person on vacation does not work and cannot sign anything.

But that’s not even the point. The bottom line is not to bother with mutual settlements, not to plan holidays for them, etc. In general, it was convenient to live.

To delegate a signature to a robot in a company, the following conditions must be met:

  1. The company should not use the seal. This is completely legal in accordance with Article 2, Clause 5 of the Federal Law No. 14 “On Limited Liability Companies”
    5. The company is entitled to have a seal , stamps and letterhead with its name, its own emblem, as well as a registered trademark and other means of individualization. Federal law may provide for the obligation of a company to use a seal.
    Information about the presence of the seal must be contained in the charter of the company .

    Those. there is no obligation to have a seal unless expressly stated in the Charter. On documents, just a signature is sufficient, which can be replaced by a simple electronic signature (hereinafter referred to as “Simple Electronic Signature”).
  2. Contracts with counterparties must have an agreement on the use of Simple ES. How to do this is described in the article https://habr.com/en/post/323364/
  3. The company must be exempt from VAT. Those. use the Simplified tax system (STS). In this case, it is not necessary to generate invoices that cannot be signed with a simple electronic signature.

Next we go to the Federal Law No. 63 “On Electronic Signature”. Article 4, paragraph 3 reads:
The principles of using an electronic signature are:
...
3) the inadmissibility of recognizing an electronic signature and (or) an electronic document signed by it as null and void only on the basis that such an electronic signature was not created manually, but using electronic signature tools to automatically create and (or ) automatic verification of electronic signatures in the information system.

Those. A signature cannot be considered illegal only on the basis that your automated system made it for you.

PS: if I didn’t take something into account, you can discuss this in the comments.

Source: https://habr.com/ru/post/undefined/

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