Is The Electronic Signature In The Loan Agreement Legally Binding

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Is The Electronic Signature In The Loan Agreement Legally Binding
Is The Electronic Signature In The Loan Agreement Legally Binding
Video: Is The Electronic Signature In The Loan Agreement Legally Binding
Video: How legally binding are electronic signatures? 2023, February
Anonim

In the digital age, loans can be obtained without leaving home. But, since the signature indicates agreement with the loan agreement, is the electronic signature legally binding?

Is the electronic signature in the loan agreement legally binding
Is the electronic signature in the loan agreement legally binding

A signature is a person's identification. Everyone tries to come up with their own signature. Someone makes it as complex as possible, with curls and other elements so that it is difficult to fake it.

In the case of loans, a signature is required:

  • To verify the identity of the person who signed the contract;
  • To confirm that the citizen who signed the contract is familiar with and agrees with all the points;
  • The signature seals the contract between both parties. Now the signatories cannot refuse to fulfill the contract.

Now, in the age of development of computer technology, information is mainly transmitted in electronic form. And today, about half of loans are issued online using an electronic digital signature.

Facsimile and EDS - what can be used for loans

EDS is an electronic digital signature. It is displayed in the form of a certain set of letters or numbers and is an attribute of a document in electronic format. EDS is obtained by means of cryptography using the private key of the TSA. This type of signature allows you to identify the owner remotely.

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A facsimile is an exact copy of a person's signature transferred to an electronic format.

For example, when receiving an electronic MHI policy, which now looks like a plastic card, the owner's signature is required. The citizen receiving the policy puts his signature on the tablet screen, and it is transferred to the computer. Well, then it is already stamped on the plastic policy card.

It is not suitable for documents that have financial implications for the signature holder. That is, facsimiles cannot be used to sign loan agreements, bills of exchange and other securities that will impose a financial burden on you.

If you received plastic cards (either credit or debit cards) at the bank, you noticed that the signature on the back, where the CVC code is indicated, is put with an ordinary pen.

A facsimile is an exact copy of a person's signature transferred to an electronic format.

Image
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For example, when receiving an electronic MHI policy, which now looks like a plastic card, the owner's signature is required. The citizen receiving the policy puts his signature on the tablet screen, and it is transferred to the computer. Well, then it is already stamped on the plastic policy card.

It is not suitable for documents that have financial implications for the signature holder. That is, facsimiles cannot be used to sign loan agreements, bills of exchange and other securities that will impose a financial burden on you.

If you received plastic cards (either credit or debit cards) at the bank, you noticed that the signature on the back, where the CVC code is indicated, is put with an ordinary pen.

How an EDS agreement is signed

When you, as a borrower, fill out a questionnaire for receiving funds, the lender assigns you a private HSA key, which is then converted into an open EDS key.

When you receive a set of letters / numbers on your mobile phone, and you enter it in the EDS window, you give your consent to the processing of information and confirm your agreement with the terms of the loan agreement. From this moment, the contract is considered signed. And you are obligated to comply with all conditions. Documents signed by EDS are legally binding.

It is impossible to forge an EDS. Legal regulation is regulated by the Civil Code of the Russian Federation (Article 434, Clause 2, Article 160).

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