Electronic signature for a legal entity: how to receive? Using an Electronic Signature

The use of electronic-digital signatures is becoming more and more widespread in Russia. And this is completely unsurprising, because EDS is in many cases more secure than the corresponding props, put up with a ballpoint pen or a seal. How is an electronic signature made for a legal entity? How to get the appropriate tool?

Definition of EDS

First, let's define the essence of the EDS. What is an electronic digital signature? Under it is understood the props of the document, similar to that which is put by the ballpoint pen on paper, but only executed by means of special computer algorithms.

The main purpose of the EDS is to confirm that the document was signed by a specific person. Among other useful properties that an electronic digital signature possesses is the document integrity certification, the absence in it of any edits on the way between the sender and the receiver.

Using digital signatures

In which spheres do you use EDS? Almost the same as the usual signature: in the document circulation between organizations, between businesses and state structures, in communications with the participation of natural persons. Corresponding to all necessary legislative requirements, the EDS is legally equivalent to a signature, which is made by a ballpoint pen, and in some cases - by a seal, if it is a legal entity.

The use of electronic signatures is common in the banking sector: so, when authorizing in the "bank-client" system, appropriate mechanisms are used to authenticate the user of the financial product. With the help of the algorithms adopted in the financial and credit organization, the client signs payment orders, makes various requests and requests.

In some cases, EDS is seen as an even more reliable props than a signature that is made with a ballpoint pen. This is due to the fact that it is very difficult to forge, as well as the fact that with the help of EDS, as we noted above, you can check whether changes were made to the files being forwarded.

Universal electronic maps begin to spread in the Russian Federation. With their help, citizens can carry out a large number of different actions. Among these are the signing of documents on the Internet. How is this possible? In order to use this function, you need to buy a card reader, a device that can read data from a card and transmit it via special online channels. It is necessary to use a device with PC / SC standard support.

EDS structure

How is the EDS organized? How does the document authentication mechanism work? Very simple. The electronic signature itself is the props of a document that can only be identified by one person (or organization). The relevant document circulation entity has a single copy of the instrument with the help of which the EDS is put - it is a private key of the electronic signature. As a rule, no one else has it, just as in the case of the unique sample of the person's autograph, which he makes with a ballpoint pen. Give out the keys to specialized organizations - certifying centers. They can also be accredited by the Ministry of Communications.

You can read the EDS using a public key, which, in turn, can be at the disposal of any number of people. Using this tool, the recipient of the document makes sure that it has been sent and signed by the particular sender. If the public key does not recognize the EDS, then it is indicated by the wrong person from whom the document should come.

Signature key certificate

An important element of the workflow is the certificate of the electronic signature key. It is, as a rule, an electronic data source, which contains information about the sender of files. The certificate attests to the fact that the key the person owns is valid. Also, this document contains basic information about the sender. The certificate is valid, as a rule, 1 year from the moment of its registration. The corresponding element of the signature can also be withdrawn on the initiative of its owner, for example, if it loses control of the key or suspects that it fell into the wrong hands. Those documents that will be signed without a valid certificate do not have legal force.

From the technological point of view, the mechanism of file exchange when using EDS is usually implemented within a certain software environment. That is, files are sent and received in a special format using the interface of specialized software. It can be adapted, for example, for workflow in the field of tax reporting or for the exchange of files between different companies.

A universal system for receiving and sending documents has not yet been created in the Russian Federation, but such work is under way. Its successful completion will allow creating a software environment that, theoretically, will be able to completely replace the paper workflow, since every citizen, along with a personal autograph, will be able to put on any documents also an electronic signature. Actually, the development of UEC is one of the first steps in this direction.

But while it is possible to put EDS with this card on a limited number of resources. Therefore, the verification of the electronic signature is now conducted in different programs, and their use is carried out by agreement between the sender and the recipient of the documents.

It is also possible to exchange files outside the corresponding interfaces. Each document in this case can be supplemented with a text insert with a unique cipher, which is created using a private key, but read by the recipient of the file through an open one. The document will be recognized if the corresponding algorithms match, and also provided that the certificate, which we mentioned above, is valid.

However, the cipher in question will be created in one way or another by a special program. Theoretically, of course, users can develop their own - and it will formally also be considered an EDS, but in this case it is not necessary to talk about a sufficient level of security of workflow. In large firms, it usually establishes special requirements. As well as in state institutions. Let's study the aspect that reflects the types of EDS depending on the level of security, in more detail.

EDS security levels

It can be noted that sending documents via e-mail is also one of the options for using EDS. In this case, we are talking about the use of a simple electronic signature. Its "key" is the password that the sender enters. The law on electronic signature allows that this type of EDS can be legally significant, but law enforcement practice is not always accompanied by the implementation of this scenario. And this is understandable: a password - purely theoretically - can be entered by any person to whom it is known, and impersonating the sender.

Therefore, the same law on electronic signature determines that much more secure versions of digital signatures can be used in the workflow. Among these are the enhanced and qualified EDS. They assume that their owners have on hand reliable electronic keys that are very difficult to forge. They can be made in the form of a special keychain type eToken - in a single copy. With the help of this tool and a special program, a person can send signed documents to a recipient who can then, using the public key for checking the electronic signature, be able to ascertain the correct origin of the files.

Specificity of qualified signature

What is the difference between a reinforced EDS and a qualified EDS? Technologically, they can be very similar and use generally similar encryption algorithms. But in the case of a qualified EDS, a certificate for it is issued by the certifying center (from among the accredited by the Ministry of Communications). This type of electronic signature is considered the most secure and in most cases equated in a legal sense to the corresponding requisite of the document, which is put manually on paper.

Qualified EDS in most cases is required in the course of interaction of businesses and individuals with state structures, therefore the requirements for document identification under such communication scenarios can be very strict. The enhanced EDS in this case can not always satisfy them, not to mention, of course, a simple electronic signature. Accredited certification centers, as a rule, recommend to their clients the optimal type of software with which the document circulation is carried out using EDS.

Types of electronic signatures

So, the universal EDS, capable at any time to replace the signature on paper, has not yet been developed in Russia. Therefore, the instruments we are considering are presented in a wide range of varieties adapted to certain purposes of file exchange. Let's consider the most widespread kinds of communications in which the electronic signature of documents is used.

Popular EDS, necessary for participation of commercial organizations in various auctions ("Sberbank-AST", "RTS-Tender"), as well as for the presence on trading platforms, for example, those that are members of the ETP Association. There is an EDS, adapted to work with databases on bankruptcies of legal entities and facts relating to their activities.

On the portal Gosuslugi.ru all registered also receive an electronic signature. State services, in this way, can then be ordered online - there is no need to refer to this or that agency a paper document. The citizen opens a wide range of services, you can even apply for a passport online. One of the options for hardware implementation of EDS for use on the portal Gosuslugi.ru - UEK, about which we said above.

How to get EDS

Due to the absence of a unified structure for issuing universal EDS in the Russian Federation, there are a large number of private companies engaged in electronic signatures. They are called, as we noted above, certifying centers. These organizations perform the following main functions:

- register users as legally competent subjects of work with documents when using EDS;

- issue an electronic signature certificate;

- in a number of cases they ensure the sending and checking of documents with EDS.

Thus, if a citizen or organization needs a digital signature, they will have to go to the appropriate certifying center.

Documents for obtaining EDS

How is an electronic signature issued for a legal entity? How to get such a tool useful for business? So, the first thing to do is to select a certifying center. It is advisable to apply to those structures that have the accreditation of state bodies. The list of these organizations can be found on the website of the Ministry of Communications of the Russian Federation - minsvyaz.ru.

It is necessary to provide the following basic documents to the certifying center:

- an extract from the Unified State Register of Legal Entities;

- evidence: on the registration of the legal entity, on registration with the Federal Tax Service.

If it is a question of obtaining a personal signature for the head of the organization - the mentioned set of documents must be supplemented with a copy of the protocol on appointment of the director general for the position. If the EDS is received by an employee who is not a member of the highest management bodies of the company, then a copy of the order for his employment is required, as well as a power of attorney. Naturally, you will need a passport and a specialist SNLS.

As we can see, the process in which an electronic signature for a legal entity is formalized is not at all complicated. How to get an EDS for an individual entrepreneur?

Very simple. The following basic documents will be required:

- extract from EGRIP;

- certificates: on registration as an IP and on registration with the Federal Tax Service;

- passport;

- SINLIS.

If the EDS is wanted by a person who is not in the status of an IP, owner or representative of an LLC, then everything that he needs to bring to the certifying center is the TIN, passport, and SNILS.

Getting an electronic signature is usually not a very long process. Many certifying centers are ready to provide an eToken key or its analogue, as well as a guide to the use of EDS within a few hours after the registration of the relevant application.

Practical nuances of work with EDS

We studied how an electronic signature for a legal entity is formalized, how to obtain this instrument. Consider now some noteworthy nuances of the practical use of EDS.

So, when organizing document circulation between two or more firms it is desirable to apply to the services of intermediary structures that will help companies avoid mistakes in the file exchange, and also ensure compliance with all legal requirements for these communications. Among the optimal options for registration of such agreements is the conclusion of interconnection agreements, which are stipulated in Article 428 of the Civil Code of the Russian Federation.

When organizing workflow between different organizations it is also recommended to approve the procedure for working with files in cases where the authenticity of the EDS can not be determined. For example, this is possible if the certificate of the electronic signature key has expired.

At the beginning of the article, we considered the classification of EDS by the degree of security. What are the mechanisms for the correct use of simple, enhanced and qualified electronic signatures?

If the firm decides to use a simple digital signature when exchanging documents with another organization, then it is necessary to enter into additional agreements that fix such a mechanism. The relevant agreements should reflect the rules for determining who sent the document via e-mail and thereby put a simple EDS.

In the case of electronic tenders, the signature must necessarily be strengthened (at least) and meet the criteria adopted at the level of an online site where such communications are carried out.

Reporting to state structures should be carried out only by using a qualified electronic signature. If it is a matter of establishing labor relations at a distance (since recently the RF TC has allowed this type of communication), then a qualified signature should be used in this process.