If the content of contracts and other documents before signing is often read down to every comma, then very few people pay attention to the signing process. But in vain.
Who signs, under what circumstances and how - one of the most important points that you should pay close attention to
- a commercial attorney at Alva Privesi law firm explains to us https://alvaprivacy.ua/uslugi/commercial/predstavitelstvo-v-sude . Evidence of this is the decision of the Supreme Court in the composition of the panel of judges of the Economic Court of Cassation in case No. 910/4050/17.
Judicial practice of the Supreme Court
From the plot of the court decision, it becomes known that the contractual relationship was formalized for many years by applying a facsimile signature on documents. Until a dispute arose, no one paid special attention to this nuance. But in the event of a dispute, this argument became decisive.
The plaintiff insisted that there was a verbal agreement between him and the defendant regarding the use of facsimiles and that there was a long-standing practice. Indeed, part 3 of Art. 297 of the Civil Code of Ukraine (as amended in 2015) contains a rule that allows the use of facsimiles when signing documents.
However, it is important to pay attention to the clarification: that this is possible only and exclusively by written agreement of the parties, and this written agreement must contain samples of analogs of handwritten signatures.
What the law says about the use of facsimiles
In addition, it is also important to take into account the requirements of Part 2 of Art. 9 of the Law of Ukraine "On Accounting and Financial Reporting in Ukraine", which states that primary documents must contain a personal signature or other data that allows a person to be identified.
Actually, on the basis of these provisions of the Supreme Court /KHS, and concluded that neither oral agreements, nor the prevailing practice in the relations of the subjects regarding the use of facsimiles, in any way affect its use contrary to the provision of Part 3 of Art. 297 of the Civil Code, if one of the parties denies the legal force of a document signed in this way.
How to use facsimiles correctly
It is always better to sign documents with your own authorized person. If, within the framework of contractual relations, a constant flow of documents is assumed for a long time, then the use of facsimiles is possible, but only after a written agreement on the admissibility of such a method of signing, which should contain samples of personal signatures of the parties. Otherwise, there is a risk of losing significant amounts if the counterparty �
