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Remote work: implementation of electronic documents

06/ 04/ 2020

Oleksii Bezhevets

Partner «Legal Alliance»

New business reality implies adaptation to remoted work organization. When will it be over? Will there be new waves of quarantine and how to go on with it? If managers and accountants are working at home – how all the operational documents shall be formed? How to sign and countersign the agreements, acts, reports with counterparts?

Ukraine implemented the electronic circulation of documents quite a while ago. All companies are submitting tax reports in electronic form. However, we all continue producing tons of paper documents. Which are being lost, require to be delivered in hard copies back and forth, must be signed and sealed in ink… 

We have analyzed Ukrainian legislation stipulating questions of electronic signatures and stamps. Three types of electronic signatures are legally categorized on the basis of the level of security and trust: an ordinary electronic signature, an improved electronic signature and a qualified electronic signature. The qualified electronic signature has the same legal power as a hand signature of a person. The same rules are applied to electronic stamps.

To obtain an opportunity to use the electronic signature and electronic stamp in the electronic workflow a person or company shall apply to the provider of electronic trust services (also known as accredited centers of the keys certification), and install а tool for electronic signature and stamp – a special device or software.

There are many services in Ukraine which allow companies to use electronic workflow in communication with counterparts. The businesses actually have instruments for implementation of electronic workflow, with electronic signatures that are legally equal to hand signatures of persons in charge. The questions remain – what and how will work in each individual case, what is the best option for a particular company, whether it will be convenient, compatible with other internal and external systems etc.

We have analyzed some of the most widespread systems for their compatibility and functionality. Here you can see the results of our modest research (which reflects our subjective point of view only): Comparative table

Summing up, we appeal to all the companies who have not done that yet – to consider the opportunity of 100% electronic workflow implementation. We will be happy to assist you from legal side, and adapt your internal SOPs, algorithms and instructions.

Sincerely

Oleksii Bezhevets, a partner with Legal Alliance

bezhevets@l-a.com.ua

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