Enterprises need to pay attention to the format of electronic documents and the signing of business registration documents (DKD) when carrying out procedures [...]
Enterprises need to pay attention to the format of electronic documents and signatures in business registration documents (DKD) when carrying out online business registration procedures.
After the introductory article about the consistency between paper documents and the registration system, in this article, the Business Registration Office continues to mention regulations on the format of electronic documents and signing in business registration documents (DKD).
Clause 2 and Point a Clause 3 Article 43 of Decree No. 01/2021/ND-CP dated January 4, 2021 of the Government on business registration stipulates:
An electronic document is a document in the form of a data message created or digitized from a paper document and accurately and completely represents the content of the paper document. Electronic documents can be in “.doc” or “.docx” or “.pdf”format
The person authorized to sign the application for business registration, members, founding shareholders, shareholders who are foreign investors or other individuals signing the business registration dossier can use digital signatures to sign directly on electronic documents or sign directly on paper documents and scan paper documents according to the formats specified in Clause 2 of this Article.
Accordingly, the person carrying out the procedures needs to understand and implement the regulations on the format of electronic documents and the signing of the business registration documents as follows:
– Must create or digitize paper documents into electronic documents in “.doc” or “.docx” or “.pdf” formats, not other formats.
– Documents that stipulate (according to the form) the signature of the person authorized to sign the business registration request document, members, founding shareholders, shareholders who are foreign investors or other individuals, these people must sign directly on the paper document before creating or digitizing it into an electronic document, or use a digital signature to sign on the electronic document.
The following are common errors that Hai Phong Business Registration Office encounters when checking documents:
– Uploaded electronic documents are not “.doc” or “.docx” or “.pdf” format (mainly image formats such as .jpg)
– The uploaded electronic document is in “.doc” or “.docx” or “.pdf” formats, but does not contain any signature of any individual.
In addition to the above errors, Hai Phong Business Registration Office encountered many cases where electronic documents had signature images cut, merged and required businesses to amend and supplement. In essence, this is a violation of the law (forgery of documents) because the person authorized to sign the document did not directly sign the paper document as prescribed in Point a, Clause 3, Article 43 of Decree No. 01/2021/ND-CP above. Businesses that use consulting services or authorize others to carry out online business registration procedures also need to pay attention to monitoring this issue to avoid falling into unnecessary legal troubles.
In addition to the above notes on electronic document format, the person carrying out the procedure should also pay attention to choosing the correct type of attached document for each uploaded electronic document (a list of attached documents is pre-set on the registration system corresponding to each type of registration transaction).
Hai Phong Business Registration Office recommends that businesses pay attention to make registration procedures smooth and convenient!
Procedures
