Not all companies have an electronic signature, so they simply send a scanned contract with the signed signatures, and only then, in an envelope, send the signed original. But is the scanned contract with signatures legally binding?
When working remotely with clients, it is often necessary to conclude contracts online. In paragraph 1 of Art. 425 of the Civil Code of the Russian Federation states that the contract comes into force from the moment it is signed by the parties, and is considered concluded if both parties agree with the terms of the contract. The transactions of legal entities between themselves are carried out after the signing of the contract, certified by the seal and signature. The signature can be either electronic or facsimile, if the contract does not have financial implications. The only exceptions are transactions that must be certified by a notary. Such as buying and selling real estate, etc.
According to paragraph 3 of Art. 438 of the Civil Code of the Russian Federation, a written contract is concluded through the exchange of documents. The exchange can take place using electronic, postal, teletype communication. The most important thing is that there is proof that the contract was sent and received by the other party.
Confirmation of delivery
If the contract was sent by mail by mail with a notification and a list of attachments, upon receipt, the person in charge signed it. This confirms that the supply contract has been received. be sure to attach a notice as proof.
In the case of a scanned copy of the contract, the written form of the transaction is not respected. But this violation does not in any way negate the fact of the fulfillment of the conditions. In court, you will need to present other evidence: correspondence, invoices for payment, checks, invoices and testimony.
It is impossible to say unequivocally whether the scanned contract is legally binding. The court will consider all evidence that the delivery was made, and the customer agreed to the terms of the contract, which he confirmed in correspondence, or by signing the invoice when he accepted the goods. You also need to provide copies of issued and paid invoices.
In accordance with. 165 of the Civil Code of the Russian Federation, the agreement can be attributed to legally significant messages.
Elimination of problems with scanned contracts
It is impossible to prove that the contract was signed by the responsible person, if it is not a hard copy, but a scan. That is why the agreement is considered invalid if it is not signed with an electronic digital signature that cannot be faked.
