INVENTIO – INVESTITIO – INNOVATIO
e-signature to maintain the normal business operation
In the current pandemic situation, companies are forced to adapt to the difficulties of home office work. In order to mitigate the difficulties and the atypical conditions of work, there are several digital solutions available, which may support the continuance of the normal business operation.
The registered representatives of the companies have the possibility to sign the contracts and any other declarations in an electronic way without any legal risks.
In Hungary, in line with the European Union regulations, among three kind of electronic signatures – i.e. the ’simple’ electronic signature (SES), advanced electronic signature (AES), and qualified electronic signature (QES) –, only documents signed with a qualified electronic signature shall be considered as documents with handwritten signature and signed on behalf of the company. The given signature shall comply with the following conditions.
Qualified electronic signature
The qualified electronic signature is the only type of signature which has an equivalent legal effect as a handwritten signature. The authorized representatives of companies may sign the documents electronically if (i) they have electronic signature and certificate issued by trusted service provider; and (ii) such certificate is registered in the company extract.
Based on the National Media and Infocommunications Authority’s (NMHH) database, which is the database of trusted service providers, Microsec Zrt., Netlock Kft. and NISZ Zrt. are considered as trusted service providers in Hungary. The electronic signature may be obtained for compensation in a few days from the mentioned trusted service providers. We kindly draw your attention that it is worth reviewing the business packages offered by the service providers in order to have – from the view of business – the best solution chosen.
As the second step, the certificate issued by a trusted service provider shall be registered in the company register. Following the registration, such certificate is considered as the specimen signature of the authorized representative of the company. Given that the legal representation is mandatory in company registration proceedings, our Firm is readily at your kind disposal.
As set forth above, if the authorized representative has a qualified electronic signature and it is registered in the company register, they are able to create such signature which is the same as a handwritten signature applied in the ordinary business operations – therefore this will ensure the smooth running of the business even in the current difficult times.
We also note that the additional benefit of electronic signatures is that it is suitable to make the daily business more effective even after the current pandemic situation, to speed up the business processes as well as to support the paper-free office, which may save administrative costs, time and energy for the companies.
Electronic lawyer’s countersignature
For the sake of completeness, we kindly draw your attention that in case of several documents, including e.g. documents necessary to the company registration procedure and to real estate sale and purchase agreements, the documents shall still be countersigned by a lawyer.
Naturally, our Firm is pleased to fulfil the requirement of countersigning, as – in harmony with the laws of Hungary – countersigning of paper and electronic documents – following the identification of the signing person (via e.g. Skype application) – is possible even if the lawyer is not presented in-person.
The information above possesses exclusively informative nature, for further details we kindly ask you to contact our Firm.
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