What is facsimile and how to use it correctly in documents

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

An imprint of a signature works only if it is agreed in advance.

What is facsimile

A facsimile in a broad sense is a duplicate of any graphic original with all the details. For example, there are facsimile copies of manuscripts, brochures, prints, or drawings.

In a narrower sense, a facsimile means a stamp that duplicates a person's signature. This is usually a seal that is autographed in a mirror image. There is also a digital version of the facsimile, which is inserted into electronic documents. In any case, it can be used to certify papers without the presence of the person to whom the signature belongs.

But is it worth doing this and how to use the facsimile signature correctly, we will figure it out in the article.

That you can't sign facsimiles

Many serious papers must be personally signed only by the person who is related to them. Sometimes it is allowed to be signed by his representative by a notarial power of attorney instead of him, or the document was certified with an enhanced electronic signature. These actions allow you to make sure that the owner of the signature has given his consent to what is happening.

There is much less confidence in the facsimile, since anyone can "slap" it on the document. Therefore, they cannot sign some documents, namely:

• powers of attorney;
• payment and other documents with financial implications;
• accounting reports;
• employment contract, work book and other personnel documents;
• promissory notes;
• primary accounting documents;
• invoices;
• tax returns.

What you can sign facsimiles

The Civil Code permits the use of a facsimile signature only if it is provided by law or the parties have agreed to consider it an analogue of their own handwritten signature.

The statement about the law will one day allow the adoption of a regulation that regulates the use of facsimiles. But so far this has been poorly implemented at the legislative level. For example, some international conventions, which Russia has joined, allow to put a stamp instead of the original signature. Another order of Rospatent allows, in certain cases, to replace the signature of the chairman with an imprint.

Basically, however, for a facsimile signature to be legally binding, an agreement between the parties is required. Here, things are about the same as with an unqualified enhanced electronic signature. By itself, it is not an analogue of a handwritten one, but it can become one if the parties have agreed on this and concluded an appropriate agreement.

The parties must certify the agreement on the use of facsimiles with their own handwritten signatures.

Such a document can be drawn up separately or included in the text of the main agreement. In it, it is necessary to note the fact of the consent of the parties and the papers that are allowed to sign facsimiles.

Facsimile Agreement

Limited Liability Company "Stark Industries" represented by General Director P. Potts, acting on the basis of the power of attorney dated 2010-18-05, and Limited Liability Company "SHIELD" represented by General Director N. Fury, acting on the basis of the charter, agreed on the possibility of using facsimile reproduction of the signatures of their representatives when signing contracts, acts and invoices (except for invoices) related to the execution of the contract.

The agreement may state that both parties use facsimiles, or allow only one of them to do so.

If the facsimile signature is used internally, a separate provision should be issued. It must indicate the cases when it is allowed to replace the original signature of the head of the facsimile, who is responsible for storing the stamp and working with it.

In any case, a duplicate of the signature should be kept in a safe place to prevent unauthorized use.

Where to get a facsimile stamp

As a rule, facsimiles are produced by the same organizations as ordinary stamps and seals. There are no restrictions here, so you can choose any company based on the cost of services and reviews.