Some issues of document circulation in a limited liability company (+Template on document circulation in a limited liability company)

The rapid introduction of electronic forms of interaction did not bypass the document circulation. Every society must adapt to the realities of today and understand the importance of not only recording information in paper form, but also using electronic document management. For the convenience and normalization of work with documents, the enterprise can develop and approve the relevant regulations on work with documents, which provide for the management of document circulation not only of paper documents, but also of electronic documents.

You can create Regulations on document circulation in a limited liability company in the Instaco constructor by following the link . To create, you only need to enter the necessary data in the designer.

Before creating the Regulations on Document Management, we suggest that you familiarize yourself with certain legal regulations regarding electronic documents and electronic document management.

Definition and basic requirements for an electronic document

According to Art. 5 of the Law "On electronic documents and electronic document flow" , an electronic document is a document in which information is recorded in the form of electronic data, including mandatory details of the document. The composition and order of placement of mandatory details of electronic documents is determined by legislation. An electronic document can be created, transferred, stored and transformed by electronic means into a visual form. The visual form of presentation of an electronic document is the display of the data it contains by electronic means or on paper in a form suitable for the acceptance of its content by a person.

An electronic signature can be used to identify the author of an electronic document. The creation of an electronic document is completed by applying an electronic signature. Relations related to the use of advanced and qualified electronic signatures are regulated by the Law of Ukraine "On Electronic Trust Services" ( Article 6 of the Law "On Electronic Documents and Electronic Document Management" ) .

Electronic signature - electronic data that is added by the signer to other electronic data or is logically linked to them and used by him as a signature ( Article 1 of the Law on Electronic Trust Services ).

The legal force of an electronic document cannot be denied solely because it has an electronic form ( Article 8 of the Law on Electronic Documents and Electronic Document Management ).

According to Art. 7 of the Law "On Electronic Documents and Electronic Document Management" , the original of an electronic document is considered to be an electronic copy of the document with mandatory details, including an electronic signature of the author or a signature equivalent to a handwritten signature in accordance with the Law of Ukraine "On Electronic Trust Services" .

Electronic document management

Electronic document circulation (circulation of electronic documents), in accordance with Art. 7 of the Law "On Electronic Documents and Electronic Document Management" is a set of processes of creating, processing, sending, transmitting, receiving, storing, using and destroying electronic documents, which are performed with the application of an integrity check and, if necessary, with confirmation of the fact of receipt of such documents. The procedure for electronic document circulation is determined by state bodies, local self-government bodies, enterprises, institutions and organizations of all forms of ownership in accordance with legislation.

Electronic document circulation is carried out in accordance with the legislation of Ukraine or on the basis of contracts defining the mutual relations of the subjects of electronic document circulation. The use of an electronic document in civil relations is carried out in accordance with the general requirements for the execution of transactions established by civil legislation ( Article 14 of the Law on Electronic Documents and Electronic Document Management ) .

When working with electronic documents, you should pay attention to the following:

- an electronic document is considered received by the addressee from the moment the author receives a notification in electronic form from the addressee about the receipt of this electronic document by the author, unless otherwise provided by legislation or a prior agreement between the subjects of electronic document circulation ( Article 11 of the Law on Electronic Documents and Electronic Document Flow) ).

- checking the integrity of an electronic document is carried out by checking the electronic digital signature ( Article 12 of the Law on Electronic Documents and Electronic Document Management ).

- subjects of electronic document management must store electronic documents on electronic data carriers in a form that allows checking their integrity on these media ( Article 13 of the Law on Electronic Documents and Electronic Document Management ) .

- the term of storage of electronic documents on electronic data carriers must not be less than the term established by the law for the corresponding documents on paper ( Article 13 of the Law on Electronic Documents and Electronic Document Management ) .

Subjects of electronic document circulation

The subjects of electronic document flow are the author, signatory, addressee and intermediary, who acquire the rights and obligations provided for by law or contract in the process of electronic document flow ( Article 1 of the Law on Electronic Documents and Electronic Document Flow ).

According to Art. 16 of the Law "On electronic documents and electronic document flow" , the subjects of electronic document flow enjoy the rights and have obligations established for them by legislation. If in the process of organizing electronic document flow there is a need to define additional rights and obligations of the subjects of electronic document flow, which are not defined by legislation, such rights and obligations can be established by these subjects on a contractual basis.

The resolution of disputes between subjects of electronic document flow is carried out in accordance with the procedure established by law ( Article 17 of the Law "On electronic documents and electronic document flow" ).

Persons guilty of violating the legislation on electronic documents and electronic document management are liable in accordance with the laws of Ukraine ( Article 18 of the Law on Electronic Documents and Electronic Document Management ).