Is it necessary to put the signatures of the parties on each page of the employment contract?
Read articles on the topic: At the same time, its number is not among the mandatory information contained in the employment contract (57 Labor Code of the Russian Federation). However, in practice, for the purpose of proper accounting, it is advisable to assign numbers to employment contracts. The procedure for such numbering is not regulated by law.
Therefore, you have the right to develop it yourself.
In practice, a system is used in which the number of the employment contract consists of its own contract number and numbers indicating the month (year) of its conclusion (for example, an employment contract concluded in March 2007 is assigned the number 16/03, where 16 is the serial number of the contract, 03 – month of conclusion of the contract). The numbering of contracts may also be related to the procedure established by the employer for registering such contracts.
In this case, the employment contract is assigned a serial number according to the employment contracts registration journal.
Details in materials
Signature in the contract
Re: contract, SIGNATURES on each sheet?
Absolutely true Moor, but the logic in my remark is obvious.
The procedure for drawing up an agreement, its main features are set out in the Civil Code, the particulars discussed do not require regulatory regulation at the level of the Federal Law, they are regulated by instructions of one's own or others - this is another question.
A claim to establish the fact of the nullity of a transaction and to apply the consequences of its invalidity may be brought within ten years from the date on which its execution began.II. Text of the agreement The relations of the parties are determined not only by the terms of the agreement, but also by the applicable law, which means the following: if there are no certain provisions in the text of the agreement (for example, there is no liability of one of the parties), if a dispute arises, the norms of the current legislation are applied. It is recommended either not to use this form at all communication for concluding agreements, especially foreign economic ones, or when using it, it is necessary to repeat the terms of the offer and acceptance (consent) by sending the other party a corresponding letter, and when drawing up an agreement in the form of a single document - by submitting the written text of the agreement for signing.
Legal force of an agreement without a signature
Important
Lawyers call such actions by one of the parties conclusive: the party clearly expresses its will to take actions to fulfill the contract, but at the same time did not enter into an agreement either in writing or orally. A simple example is shopping in an online store. You have already selected the products, but before clicking the “pay” button, check the “I agree with the terms and conditions of service” box. An even simpler example is the supermarket closest to you.
By placing the goods in the basket and heading to the checkout, you have already expressed your intention to pay for them - that is, to complete the transaction. This is a conclusive action. There is no deal yet, but there are actions. 4 typical situations in which an agreement appears without a signature
- Let's say a certain company shipped goods to a buyer on the basis of invoices. The goods were accepted by the buyer, but the buyer refused payment due to the lack of a signed contract.
Contract on 3 sheets, do you need to sign each sheet?
3.26 of the State Standard of the Russian Federation GOST R 6.30—2003 “Unified documentation systems.
Unified system of organizational and administrative documentation. Requirements for the preparation of documents”, approved by Decree of the State Standard of Russia dated 03.03.2003 No. 65-st. The contractor’s task is to deliver the draft contract or offer to this department, and specialists will handle the approval, accounting and storage.
So that it is not possible to replace these sheets, imagine, you signed one thing, and then some kind of claim came to you that you owe this, that, and that, and you couldn’t sleep about it, you signed it, everything was different there .
We will not call you or bombard you with SMS messages with information about our promotions and services. We know how unpleasant it is. This is an important point when concluding an agreement, since in life you encounter not only bona fide counterparties, but also scammers. It’s easier, of course, to replace the page with the one who printed the agreement and the opposite party can do it with some effort. It’s always especially pleasing when an agreement arrives signed on only one sheet, on which there is nothing at all except the details of the parties. Is there any point in establishing such an agreement at all? ?
Well, the interested party will sign on each page of the contract.
We take control of essential issues
If an organization applies a general taxation system and is a VAT payer, when concluding contracts it is necessary to take into account which taxation system the partner applies. This point must be analyzed when concluding contracts with organizations that supply goods, works, and services for the following reason. In accordance with paragraph 1 of Article 171 of the Tax Code of the Russian Federation, the taxpayer has the right to reduce the total amount of tax calculated in accordance with Article 166 of the Tax Code of the Russian Federation by the tax deductions established by Article 171 of the Tax Code of the Russian Federation. In accordance with paragraph 2 of this article, deductions are subject to, in particular, tax amounts presented to the taxpayer and paid by him when purchasing goods (work, services) on the territory of Russia, provided that the goods, work or services are acquired to carry out transactions recognized as objects of taxation under VAT, or for resale.
Signing contracts by the chief accountant is not a requirement, but is desirable from the point of view of increasing business efficiency and reducing the risk of tax consequences.
Consequently, the more supplier organizations an enterprise has that are VAT payers, the greater the amount of tax deductions, and the smaller the total amount of VAT payable to the budget.
If the supplier applies a special taxation system, for example, a simplified system or a taxation system in the form of UTII, it is known that he is not a VAT payer. Consequently, such a counterparty does not submit VAT, and the buyer does not pay tax to the supplier and does not record the amount of VAT that could be deducted (and thus reduce payments payable to the budget).
It turns out that if the purchasing organization is a VAT payer, when choosing a supplier it should enter into agreements with those who are also a VAT payer. If the counterparty is exempt from VAT or applies one of the special regimes, you can forget about the tax deduction.
In addition, you should pay attention to dates. The contract must specify what documents will be used to formalize the fulfillment of the obligation. For an accountant in this case, the date of signing such a document will be significant, because only then can some income and expenses be recognized. This applies to certain types of non-operating income accounted for using the accrual method (clause 4 of Article 271 of the Tax Code of the Russian Federation).
How is an agreement drawn up on several sheets of paper according to the law?
Inna Question asked November 25, 2020 at 02:54 pm Good afternoon! If the agreement is drawn up on several sheets, but the signature is only on the last sheet and the agreement is not stitched and sealed (stitched), is it considered valid? After all, unsigned sheets can be easily replaced with any text. The question applies to the city of St. Petersburg Yana Kim Published on November 25, 2020 at 03:27 pm Published on November 25, 2020 at 03:27 pm Good afternoon.
It depends on what this agreement is for. Now legal entities are not required to have a round seal, so it may not be on the document at all.
The obligation to sign each sheet is also not provided anywhere; the requirements for firmware are applied in the state.
bodies (registration chamber, federal tax service, etc.). For the court, all documents will be valid, the main thing is to establish that these conditions were the will of the parties colin Published on November 25, 2020 at 15:34 Published on November 25, 2020 at 15:34 The law does not oblige you to flash civil contracts drawn up on several pages; some institutions practice flashing those or other documents on your own initiative. If, say, a certain entrepreneur (meaning any person engaged in business) does not care about his business reputation, then such a thing as the forgery of any document will not stop him, then the court comes into play.
In Russia, the principle of freedom of contract applies; the parties themselves decide how to formalize certain transactions, incl.
from the technical side. Irina Shlyachkova Published November 25, 2020 at 10:04 pm Published November 25, 2020 at 10:04 pm Hello! Yes, the contract is considered valid. How to draw up an agreement is up to the parties to decide. In most cases, the parties sign the agreement on each sheet. November 25, 2020 November 25, 2020 November 25, 2020 November 25, 2020 November 25, 2020 November 25, 2020 Made in St. Petersburg © 1997 - 2020 PPT.RU Full or partial copying of materials is prohibited; with agreed copying, a link to the resource is required Your personal data is processed on the site for the purposes of its functioning.
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Category : Civil law Replies : 29
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| nastya_plohaya |
| What if the signature on the contract, and later on other documents, is the same, but the decoding is different. Are there any grounds for declaring a document invalid? |
| I want to draw the moderator's attention to this message because: Notification is being sent... |
| ruslan777 [email protected] Wrote 114 messages Write a private message Reputation: | #2[51131] May 28, 2020, 8:33 am |
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| MikhAn [email hidden] Republic of Belarus Wrote 1128 messages Write a private message Reputation: 112 | #3[51134] May 28, 2020, 10:24 |
Quote:
Article 184. Concluding a transaction
an unauthorized
person 1. In the absence of authority to act on behalf of another person or when such authority is exceeded,
the transaction is considered concluded
on behalf and in the interests of the person who completed it, unless the other person (represented)
subsequently directly approves this transaction.
2. Subsequent approval of the transaction by the represented creates, changes and terminates for him civil rights and obligations under this transaction from the moment of its completion.
That is, if there are actions of the party for whom an unauthorized person signed, approving the transaction (delivery, partial payment, etc.), then the transaction is considered concluded
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| ruslan777 [email protected] Wrote 114 messages Write a private message Reputation: | #4[51138] May 28, 2020, 11:49 |
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Lawyer, Lithuania, Vilnius [email protected] Lithuania, Vilnius Wrote 1044 messages Write a private message Reputation: -51 | #5[51139] May 28, 2020, 11:57 |
Notification is being sent...
International lawyer. Protection and representation in all courts of the EU countries and Belarus. Lawyers of the European Union can practice throughout the union, and lawyers of Lithuania can also practice in Belarus.| Bender-Zadunaisky [email hidden] Belarus, Gomel Wrote 1601 messages Write a private message Reputation: 282 | #6[51159] May 28, 2020, 1:06 pm |
Lawyer, Lithuania, Vilnius wrote:
Wow, wow, wider. You don’t understand anything, the person is asking about the different spelling of the signature, and not about an unauthorized person.
the person is not asking about
Lawyer, Lithuania, Vilnius wrote:
different signature spellings,
A,
nastya_plohaya wrote:
Are there any grounds for declaring the document invalid?
And you write
Lawyer, Lithuania, Vilnius wrote:
about different signature spellings
, although the topic starter specifically writes -
nastya_plohaya wrote:
What if
the signature
on the contract, and later on other documents,
is the same
, but
the decoding is different
.
Where did you read about different signature spellings? py.sy. I agree with both Meehan (for ordinary business operations - a regular agreement) and with Ruslan (the Bank will be more principled for certain reasons.)
I want to draw the moderator's attention to this message because:Notification is being sent...
Have a dream? Go to her! It is impossible to go to her? Crawl to her! Can't crawl to her? Lie down and lie in the direction of your dreams. It’s better not to ask me for advice. Because my sense of humor is stronger than my sense of pity. I know four hundred relatively honest ways of taking money from the population.| Lawyer, Lithuania, Vilnius [email protected] Lithuania, Vilnius Wrote 1044 messages Write a private message Reputation: -51 | #7[51179] May 28, 2020, 15:37 |
Notification is being sent...
International lawyer. Protection and representation in all courts of the EU countries and Belarus. Lawyers of the European Union can practice throughout the union, and lawyers of Lithuania can also practice in Belarus.| nastya_plohaya [email hidden] Wrote 4 messages Write a private message Reputation: | #8[51192] May 29, 2020, 9:15 |
Lawyer, Lithuania, Vilnius wrote:
The “decoding” of the signature is a different spelling, nothing more. Some reinsurer was rightfully alarmed.
The signature is the same, but the decoding is different. I realized that this can happen if the signer has the authority to do so. First, the wife’s transcript is on one document, and the husband’s on the other, but the signatures are the same.
I want to draw the moderator's attention to this message because:Notification is being sent...
| Bender-Zadunaisky [email hidden] Belarus, Gomel Wrote 1601 messages Write a private message Reputation: 282 | #9[51193] May 29, 2020, 9:57 am |
Lawyer, Lithuania, Vilnius wrote:
The “decoding” of the signature is a different spelling, nothing more. Some reinsurer was rightfully alarmed.
What nonsense are you talking about? The signature transcript is the full name of the signatory. The “squiggles” are the same, but the full name in one case is Ivanov, and in the second Petrov. BUT SIGNATURE!!!! EXACTLY THE SIGNATURE, like “SQUILT-CURL”, is the same in both cases. What are you exaggerating? In this case, we are talking about the fact that in some case the person who signed was not the one whose initials were indicated! Or is everything different in Lithuania, the signature is your full name, and the transcript is your monogram? py.sy. Topicstarter, for a more accurate opinion of experts on the forum, more detailed information is needed, what kind of document/agreement is, what it is about, and what issue was raised and by whom in connection with this, etc.
I want to draw the moderator's attention to this message because:Notification is being sent...
Have a dream? Go to her! It is impossible to go to her? Crawl to her! Can't crawl to her? Lie down and lie in the direction of your dreams. It’s better not to ask me for advice. Because my sense of humor is stronger than my sense of pity. I know four hundred relatively honest ways of taking money from the population.| nastya_plohaya [email hidden] Wrote 4 messages Write a private message Reputation: | #10[51197] May 29, 2020, 10:27 |
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Contract on 3 sheets, do you need to sign each sheet?
#7 IP/Host: .bacint.ru Re: agreement, SIGNATURES on each sheet? Danka, you are talking nonsense... no one really needs your condition - if anything, you will only be an extra reason for declaring the agreement invalid.
Important Ideally, there are really 2 options: 1) a signature on each page; 2) a signature on the firmware. Printing is optional... as an optional thing.
(and does not guarantee anything, because almost any seal can now be done in a couple of hours...) #8 IP/Host: .kmtn.ru Re: agreement, SIGNATURES on each sheet?
We recommend reading: Decorating a window display for okroshka
Oksana, this bullshit is called initialing.
#9 IP/Host: 213.141.159. Info Indeed, almost all contracts have fields at the bottom for signature and date. You date and sign each page of your contract on each copy.
This means that you have read the contents of each piece of paper and confirm your agreement with all clauses of the agreement. One copy remains in your hands with seals and signatures of the parties.
Why is every sheet of the contract signed?
And stamps are not in fashion abroad - they understand perfectly well that it’s a piece of cake to fake a stamp. But they like to sign each sheet - “the cap is on fire” (c) :-)))))) Is an agreement considered legally valid if it consists of 2 pages printed on one sheet, and the signatures of the parties to the agreement and the seal are only on the last (second) page. Yes, absolutely. As many sheets as you like, and signatures at the end. But as for the signatures, I must disappoint, not just a fasimile or a stroke, but in full and in my own hand full name. Sincerely, Sergey Ilya Morozov (St. Petersburg) September 21. 200507:50:31 2TERM: If it is written on the last page that this agreement is drawn up on so many pages, then a signature on the last page where space is provided for this is sufficient. Or the clauses of the contract are numbered. The copy is certified on each page: “Copy is correct: position-signature-decryption of signature.” BV(Moscow)21 Sep.
Protection of paper contract sheets from text substitution
September 6, 2014 at 01:42
- ,
In my work, I have never encountered a situation where one of the Parties would change pages in a multi-page document (agreement, inspection report) in bad faith and then try to somehow use it for their own benefit. But this is possible and I am mentally preparing for it.
In general, for contracts there are classic ways to protect against the substitution of sheets, these are: - use of forms with protection (watermarks, etc.) - initialing (signing by each party of each page of the document) - endorsement (stamp or signature of usually one party on each sheet) - stitching But all these methods require some additional costs or effort. Well, what is normal for a multimillion-dollar contract is not always appropriate for a contract for 20 thousand. Therefore, I would like to find some modern solution to this problem that would correspond to the spirit of the times.
The task is to protect technologically from replacing the contents of sheets in a multi-page document, where signatures are placed only on the last page. And it would be faster and easier than for five people to sign each page of a 20-sheet document, in five copies. My idea is as follows: When printing a document, each page is analyzed for density and where the text is filled, then a QR code or barcode is generated, which is located at the bottom of the page under the text.
On the last page a code is printed that is the sum of all codes.
The last page is not analyzed because...
it will be “certified” with live signatures. If there is any doubt about the “integrity” of the document, all pages of the document are photographed with a smartphone, the application re-analyzes the composition of the page and checks whether the QR code at the bottom of the page corresponds to it, and then checks whether their sum corresponds to the last QR code. This method is certainly not ideal, and will probably only protect against adding or deleting entire paragraphs of text.
To increase the accuracy of the comparison, it is already necessary that the smartphone be able to recognize the text on each page almost accurately; I don’t know how realistic this is now for an average-priced smartphone. For example: programming, algorithms Save AdBlock stole this banner, but banners are not teeth - they will grow back
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Transcript Why it is impossible to live without a signature
Contents of the fourth lecture by Albert Bayburin from the course “Why do you need a passport, full name, signature and photo for documents”
A personal signature is the most important element of a document. Without a signature, no document is considered valid, since with it we confirm everything that is contained in this document. From this point of view, we can say that the document is created not only by officials, but also by us.
Personal signature has a long and complicated history. It arose as a sign of power, that is, first of all, as the signature of a ruler, a king. Moreover, for a long time it was inseparable from other signs of power, such as the cross and the royal seal. The royal seals have been preserved better than other evidence. Long before our era, they were used to confirm decrees and other important decisions by the rulers of Mesopotamia and the Egyptian pharaohs. This direct connection of a signature with power functions determines its indifference to the social status of the person who signs the document. And now special importance is attached to the signature of a person endowed with authority. Considering the gradual spread of the custom of signing texts among persons of lower status, we can say that the history of signature is the history of its decline and secularization. In addition, the signature as a handwritten spelling of one’s name is associated with the history of acquiring surnames, which also first appear among persons endowed with high status. Although it should be noted here that the signature of the monarch is, as a rule, a reproduction of the name, not the surname - in fact, this is what distinguishes it from the signature of ordinary people. We can say that the history of the signature is part of the history of manipulations with personal names.
The cross as a substitute for a signature is often associated with illiteracy and low social status, but as a signature it has undergone an interesting evolution: the signature begins with an image of a cross, is combined with it, and is replaced by it. Crosses were placed on contracts and meant a signature “worthy of all trust.” The decisions of church councils were also sealed with the image of the cross. In other words, in especially important documents, a cross or even three crosses were placed instead of a name. Putting such a signature is more responsible than writing your name, since it meant vouching for the name of God. Thus, crosses were placed as a signature not necessarily because of illiteracy. This is also evidenced by the fact that in the Middle Ages in many European countries they put a cross in important documents, and wrote their full name next to it. Signing with a cross deprived her of individuality, but endowed this act with sacred power. The cross as a signature is more like an oath. Only in the late Middle Ages, from about the 16th century, did the opinion spread in European traditions that it was inappropriate to use the cross of God for commercial documents, and they began to sign them with their own name.
The use of a fingerprint became possible after the assumption of the uniqueness of the papillary pattern appeared in 1877. Papillary lines (Latin papilla - nipple) are raised lines on the palms and soles of the feet. and the emergence of fingerprinting in forensic science at the end of the 19th - beginning of the 20th centuries. In the Russian tradition, fingerprints as a form of identification were used in investigative practices, but not in identity cards. For example, judging by the case of the murder of the Morozov brothers, meaning the murder of Pavlik Morozov and his nine-year-old brother in 1932, in Soviet investigative documents the illiterate did not sign with a cross, but left a fingerprint.
The custom of signing a document and, more broadly, a text was formed in the Russian cultural tradition late and under the obvious influence of the European tradition, although the “attachment of hands” is found already in early monuments. Only since the 18th century can we talk about the widespread practice of signing documents with one’s own signature. In official documents, the personal signature included the full name, surname (nickname), and often indicated the rank. This composition of the signature naturally reveals its class character. The personal signature of the nobles was understood as the full spelling of their first and last names. In friendly communication, they signed with the same last name (for example, A. Pushkin or even simpler - Pushkin). Literate commoners signed with a patronymic (Petrov, Ivanov), and illiterate ones usually signed with a cross. They tried to sign business papers with their full names, including titles and positions. For example: “Dimitri Nikolaevich Kamenev, Vologda merchant.”
A sharp change in the style of personal signature occurred after the revolution. Firstly, signing with one last name became much more common, which corresponded to new addresses like “Citizen Ivanov”, “Comrade Petrov”. Secondly, in the 1920–30s, another type of signature began to form, which was a monogram of the first letters of the first name, surname and patronymic, for example VIL - Vladimir Ilyich Lenin. Monograms of this kind (often in the form of monograms) existed, of course, before, but after the revolution they began to be perceived as abbreviations in the general flow of the craze that swept Russia since the 1920s to represent all the names of institutions and organizations in the form of abbreviations.
General trends were expressed not only in a kind of decrease in signature, but also in a gradual moving away from writing one’s first and last name. Of course, even now you can find an “honest” spelling of your last name as a personal signature, but often signatures lose all connection with their “prototype” and represent an arbitrary (at least from an external point of view) sign or set of signs. This trend can easily be seen in the dictionary definitions of a personal signature. If in Dahl’s dictionary (1860s) it includes the name, surname (nickname), rank, etc., then in the Soviet Explanatory Dictionary of Ushakov we read: “Signature is the surname of the person, the author, written by him in his own hand under the text of the document, letter.” Further, in all dictionaries, including legal ones, a personal signature is understood exclusively as a surname, but, of course, it is given an appropriate meaning that is not indicated in explanatory dictionaries. This is how it looks, for example, in the Big Legal Dictionary of 2001: “Signature is a handwritten surname, a mandatory requisite for official documents (inspection report, conclusion) and legal acts (law, management act, court decision, contract). The signature of the appropriate persons, in the presence of all other required details, gives legal force to documents and legal acts.”
Considering that one of the main meanings of a signature is an indication of the individuality (uniqueness) of the author with the possibility of his identification, then the disappearance of the name, at first glance, significantly undermined this purpose. The steady movement towards illegibility of the signature makes the task of identification completely impossible. Meanwhile, it is precisely such signatures that become a model of expression of individuality. We can say that the property of individuality and uniqueness has become associated not with the completeness of the reproduction of the first and last name, but with a unique graphic design. It is precisely the loss of visible connections with the name and surname by the signature, to a greater extent than their reproduction, that expresses its uniqueness.
Lyudmila Sysoeva in her article “Signature as a means of protecting individual rights”, having analyzed about a thousand modern signatures, comes to the conclusion that “all existing options for making signatures can be divided by content into four groups, among which only one group (constituting 10% of total number) reflects the names of the performers. The remaining three groups are signatures consisting primarily of two or three letters or elements that do not form a letter.” In other words, 90% of contemporary signatures do not display the surname. The author further notes:
“The processes of changing signatures that took place over eighty years of the 20th century are sometimes explained by an increase in the volume of documentation and the need to reduce the time spent on signing. But this is completely wrong. Our research shows that among representatives of any profession there are owners of both complex and simple signatures. A much more likely explanation is that the simplification of signatures occurred because in our country a person and his family became less and less economic entities. The system of private property was leaving, in the conditions of a planned economy, regulated to the smallest detail, the volume of agreements, contracts, and inheritance acts, the registration of which required a clear, easily readable, but at the same time difficult to forge signature, was significantly reduced.”
However, now, when the number of business entities entering into all kinds of agreements has sharply increased, the signature has not undergone a reverse evolution and has not become a clear image of the surname. You can say that she lives her own life.
Acquaintance with the signature begins at school with the signatures of teachers and parents in the diary. Parents' signatures most often served as role models or direct copies. A constant motif is to practice your signature on any surface. This situation of total dissemination of one’s signature was well described by philologist Roman Leibov: “As a child, you mark everything with signatures: black subway handrails, frost on tram windows, pieces of paper.” This kind of training is necessary, among other things, to develop the dynamic stereotype necessary to reproduce the signature.
It is worth noting here that a signature is not just a name, but a name made by hand, and for this reason alone it is a kind of bodily expression of individuality. We can say that a signature is physicality embodied on paper. As an expansion of oneself, it is especially clearly manifested in cases of refusal to sign a document by representatives of some religious communities, for example, the so-called true Orthodox, which was motivated by the fact that the signatory was giving himself over to the power of the Antichrist.
The training was aimed not only at developing automaticity, but also at imparting the necessary qualities to the signature. The constant definitions of a “real” signature are “adult” and “beautiful.” Both are naturally associated with the person himself, and since the signature is his representation in the communicative space, he should look that way. The “maturity” of a signature is usually achieved by deliberately making it more complex. The main thing is that the signature does not look like a student’s signature. I quote the same Roman Leibov:
“Some tried to copy their parents (or vary their signatures). Others simply reduced the signature to the handwriting - they wrote it as it was (that’s exactly what girls often did). Still others were looking for individual squiggles and showing off. Other types are based on the inclusion of names (individual - family). Room for the beginning Freudian."
A signature in a passport is considered a kind of passport to the adult world, and preparation for it began in advance. During the Soviet period, the signature on the passport was preceded by the signature on the Komsomol card. We can say that by the time you received your passport (and you got it at the age of 16) you already had minimal (but clearly insufficient) experience. The situation was complicated by the fact that no official requirements for the nature of the signature have ever existed, and even now do not exist. And yet, some unspoken rules about what a “normal” signature should be not only existed, but were also broadcast in cases where the unwritten norm was violated.
For example, according to a woman born in 1976:
“... when one of my classmates put a cross instead of a signature on the institute’s register (in my opinion, we were signing for the fact that we came to a cleanup day or to a vegetable warehouse), the administrator raised a cry and demanded that he stop fiddling around and “sign normally” ; I think if someone decided to “sign” with a printed architectural font, the reaction would be the same.”
The lack of rules is seen as a contradiction with the role of signatures in official documents, and it is no coincidence that such “connivance” on the part of official bodies causes a vague sense of concern, as evidenced by regularly arising questions about official requirements for a personal signature. For example, on one of the sites: “Question: are there any requirements for the signature of a citizen of the Russian Federation, or can I secure the document with a black square in a triangle with three circles on the edges?”
A signature in a passport is often characterized as “unsuccessful,” because at the decisive moment the pen (fountain) turns out to be unusual, the pen clings to the paper, and the ink turns into a blot. But even if luck accompanied at all stages of creating the main, passport signature, the result still, as a rule, did not please the author. According to an informant born in 1963:
“...the only thing that was discussed among my friends, ninth graders, when we all received passports, was precisely the stories with the font and signature, because you worry, you make inkblots, and you, I don’t know, make some wild scribbles. I also had some kind of scary signature.”
From these and other similar fragments it is clear that one’s own signature in a document is regarded as a representation of oneself in the adult world and its characteristics must correspond to both the imaginary norms of this world and ideas about one’s place in it.
According to experts in the field of handwriting, a dynamic signature stereotype is formed around the age of eighteen in men (in women a little earlier) and does not change anymore. Even if the surname is changed (for example, due to marriage), the signature is close in visual appearance to the previous one.
It turns out that adults are most concerned about the problem of reproducing their signature. On one of the forums about signatures, in response to the well-known maxim “A person becomes an adult when his signature becomes the same,” the following immediately appeared: “Well, then I will never become an adult.”
A signature as a sign of identification presupposes the presence of two problems, related, firstly, to the requirement of uniformity of its reproduction and, secondly, to the possibility of identifying the owner of the signature. The problem of uniformity of reproduction is a problem for the signature author. In this case, the reference point is, as a rule, your signature in the passport. Identification is a problem for “others.” To solve it, a confirmed connection between a person and his signature is necessary. For this purpose, the signature is certified; often a special signature sample is also made for financial documents, but usually this is the same signature in a passport or other identification document.
It comes to the point where a peculiar complex of impossibility of more or less similar reproduction of one’s signature develops. Accordingly, the attitude towards it changes. It begins to be seen as something external, alien and elusive. The desire for the “sameness” of one’s signatures is one of the obsessions. In reality, there are no identical signatures: criminologists know that a complete match of two signatures is a sign of forgery. One way or another, the solution to such problems, as a rule, is associated with turning to the passport, where there is a certified sample signature and all the necessary data to identify the owner of the signature.
Everyone has been familiar with the practice of forging signatures since their school days. The ability to forge a parent's or teacher's signature well is a source of special pride. Falsification is interesting from a psychological point of view. I become different - my identity changes. More precisely, I, at least partially, appropriate someone else’s identity, expressed in the signature. Forgery of a signature is a special type of misappropriation, because the goal is not the signature itself, but the document on which it is imprinted. And not even a document, but what stands behind the document. The signature in such cases is a kind of master key. Recorded in documents, it lives its own life, often replacing its owner and becoming an independent phenomenon. In this regard, the role of signatures in the space of power relations is especially indicative. Typical statement: “Yes, everyone who has to deal with bureaucracy knows how much the signature of this or that official costs, how much you have to pay to enter this or that office - everything is tariffed, there is a fee for everything.”
Among the signatures there are, relatively speaking, “private” and “general”; Accordingly, we can talk about a kind of hierarchy of signatures. This hierarchy is situational and dynamic. Moreover, signatures can enter into a kind of competition: one signature can outweigh or neutralize another. A signature can also become an object of worship, as described in Yuri Davydov’s story “Podkodny Bashutsky, or Blue Tulips”: “Seeing the “live” signature of Joseph Vissarionovich in a thick green pencil, Bashutsky pressed his forehead to it.” A signature may mean permission to receive certain benefits, or it may also be a sentence. Describing Stalin's execution lists, philologist Nikita Okhotin Fr. The specific meaning of the signature naturally depends on the nature of the document and the address.
So, the signature, being a way of expressing identity, is full of various meanings. It is perceived as a sign of adulthood and social usefulness; personal status and power relations are directly related to it. Mastering a signature turns out to be an indicative practice of self-control and entry into the world of official relations. The functioning of a document signature is connected not only with the issue of identification: it operates in the space of reliable and unreliable, true and false. The alienated signature becomes a kind of replacement for the owner and acquires independent meaning. Signatures have their own hierarchy. The “main thing” for each individual person is his passport signature, and in the space of interactions - his own hierarchy of signatures, correlated with the social hierarchy.
Where to put signatures on the contract
I am preparing a service agreement.
For a commercial product, the idea is most likely a bit weak, but for a coursework or diploma, it seems to me. Tags: Add tags Tag the publication with your tags Tags are best separated by a comma.
It is on 7 sheets. How to sign it correctly. To the customer on each sheet and in the details of the parties? Or just in the details of the parties? In Sberbank, they ask you to sign an agreement on each sheet February 05, 2020, 05:32 p.m., question No. 1131082 Irina, St. Petersburg 400 cost of the issue issue resolved Collapse Online legal consultation Response on the website within 15 minutes Lawyers’ answers (8) fee received 30% 9.3 Rating Pravoved.ru 16430 answers 9253 reviews Chat Free assessment of your situation Lawyer,
Saratov Free assessment of your situation
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At Sberbank, they ask you to sign the agreement, on every page. Irina. Good afternoon.
Since this is a requirement of Sberbank, it is worth satisfying it. Although the signing of each sheet of the agreement for the purposes of its legitimacy is not mandatory, it is enough that the signature is on the entire agreement.
This requirement of Sberbank can be explained by the fear of substitution of sheets in the contract.
February 05, 2020, 05:34 pm 0 0 556 replies 232 reviews Chat Free assessment of your situation Lawyer Free assessment of your situation Hello! The contract can be sewn together, indicating how many sheets it contains on the back, in this case - only where the details are.
It is possible on each page, this is done so that it is not possible to replace sheets.
05 February 2020, 17:35 0 0 fee received 20% 9.0 Rating Pravoved.ru 15868 answers 6257 reviews Chat Free assessment of your situation Lawyer,
Elektrostal Free assessment of your situation
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Irina, hello!
I recommend signing every page of a multi-page contract, because... this will minimize the risk of substituting any sheet in the contract. In addition, you can stitch it and seal the stitching with signatures.
05 February 2020, 17:36 1 0 fee received 50% 8952 responses 3715 reviews Chat Free assessment of your situation Lawyer, Ufa Free assessment of your situation Hello!
How to sign it correctly. Irina No requirements are established by law. The procedure for signing an agreement can be established in the agreement itself, then both parties are required to comply with this. And if the signing procedure is established by the internal rules of one of the parties, the other party is not legally obliged to adhere to these rules.
But this does not lead to a constructive result, so it is better to sign as requested. 05 February 2020, 17:39 2 0 7.7 Rating Pravoved.ru 9204 answers 4612 reviews Chat Free assessment of your situation Lawyer, city.
Ramenskoye Free assessment of your situation
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Irina, it also matters whether the contract is stitched or not. If yes, Sberbank usually stitches it, then you can sign it at the end of the contract.
But because The bank asks you to sign on each page, then you can sign each page, which is best for you, in order to avoid any misunderstandings in the future. I wish you good luck February 05, 2020, 05:51 pm 0 0 7.8 Rating Pravoved.ru 2837 replies 1391 reviews Chat Free assessment of your situation Lawyer, St. Petersburg Free assessment of your situation
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I am preparing a service agreement.
It is on 7 sheets. How to sign it correctly.
We recommend reading: Who cannot be a witness in arbitration proceedings
To the customer on each sheet and in the details of the parties? Or just in the details of the parties?
In Sberbank, they ask you to sign an agreement, on each sheet Irina According to the law, one signature is enough, each sheet is signed so that other information is not arbitrarily entered after the conclusion of the agreement beyond the will of the parties.
Therefore, signing on all sheets does not have negative consequences for you; the main thing is to study all the conditions, pros and cons, before signing. February 05, 2020, 20:40 0 0 3212 replies 1466 reviews Chat Free assessment of your situation Lawyer,
Moscow Free assessment of your situation Hello Irina! for a standard service agreement, one signature at the end of the agreement is enough (and it will be considered concluded).
Since the bank requires you to sign on each sheet, and the agreement is only 7 sheets, I think it won’t take much time. Different organizations have their own quirks and biases in this regard. Yes, you can refuse such a requirement from the bank, if the agreement is one and does not contain additional annexes, you can sew it together and affix a stamp and signature at the end.
February 05, 2020, 23:20 0 0 1333 answers 502 reviews Chat Free assessment of your situation Alexander Darmaev Lawyer, Moscow Free assessment of your situation
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Hello Irina. In fact, the contract usually contains one signature on the last sheet along with the details.
This is a business custom. However, banks put signatures on all sheets and pages in all their contracts, since they are used to doing this and otherwise they will simply begin to demand that all sheets be signed.
You've probably seen their loan agreements, they put signatures on all the sheets, it's just their professional habit and there's nothing illegal about it.
You can put one signature at the end of the contract, or on each page. Signing each page also has its advantages; here the counterparty cannot replace the sheets of the contract.
06 February 2020, 11:45 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Similar questions August 25, 2020, 12:55, question No. 1356600 April 27, 2020, 20:53, question No. 1981421 January 23, 2014, 13:22, question No. 347405 February 11, 2020, 09:15, question No. 1904036 February 11 2020, 09:04, question No. 1904022 See also
A new type of scam from banks is an electronic signature.
Banks, seeing that people have stopped signing contracts with left-handed jackdaws, are beginning to improve in the matter of scamming clients with the full approval of the Central Bank of the Russian Federation. www.banki.ru/news/daytheme/?id=10900824
In the “People's Rating”, complaints from Alfa-Bank clients about the secret inclusion of insurance when applying for banking products have become more frequent. Over the past month alone, Banki.ru has discovered dozens of such reviews. A simple electronic signature (SES) allowed employees of a credit institution to connect a client to a collective insurance agreement without the client noticing. Alfa-Bank claims that the experiment with signing insurance contracts with PEP is over.
“I decided to take advantage of the “100 days without interest” offer. When registering, I asked if there were any additional payments, commissions, or insurance, in addition to the cost of annual service. Not a word was said about insurance. Exactly after a month of using the card, the “fee for arranging insurance” was charged, the user writes
The user also encountered the “secret” connection of insurance, but when receiving a debit card. “When applying for a debit card, the employee casually asked me to sign an additional agreement for the credit card. I was surprised and said that I had not applied to change the terms of the credit card. She said that my credit limit was automatically changed, and in connection with this I must sign an additional agreement,” says the Alfa-Bank client. According to K-oof, there was only one clause in the additional agreement - about changing the credit limit, and the bank employee assured him that no additional paid services would be connected. “After 9 days, I was charged a commission for arranging insurance in the amount of 1,507.12 rubles,” he notes.
“On May 14, I turned to the bank branch with a request to refinance, because I still have a cash loan. The manager who served me asked if I had a credit card with me. She was with me, the manager asked her to provide her supposedly to log into the system under my profile to create an application. This seemed strange to me because I had to enter the card password into the terminal and report the code from the SMS notification,” the user recalls. The client noticed the write-off for “arranging insurance, including VAT” a month later.
There are several dozen similar complaints on the Banki.ru portal. Most are associated with the issuance of credit cards, but “secret” insurance occurs both when opening debit cards and when refinancing. By law, the cooling-off period, when the client can cancel the contract and return the insurance premium, lasts at least two weeks. Since the first write-off occurs only a month after joining the collective insurance contract, and until then the client is not aware of the paid service, he cannot take advantage of the cooling-off period. Users note that after calling the call center, the bank disables the insurance service, but refuses to return the previously written off commission. The bank returned the bonus to some clients after they contacted People's Rating.
Signature Victim
In most cases, the bank received the client’s consent to join the collective insurance agreement through a simple electronic signature - this is the same code from SMS that the client tells the operator during a visit to the bank. One of the users showed a Banki.ru correspondent an application to join the collective agreement on life and health insurance. Below is really about. Only the client, according to him, did not hear anything about insurance that day. He saw the document itself for the first time several months later - he received it from the archive when he came to find out who and how connected him to a paid service.
Banki.ru managed to contact nine clients who were faced with “secret” insurance. Most of them claim that they received standard SMS messages during a visit to the bank: a receipt for receiving a bank card, card activation, signing a session report, and so on. According to them, there was no information about connecting to the insurance service and its cost in these messages. Only one of the users, who received a credit card back in December 2020, found the corresponding message: “Please provide the number **** to a bank employee to sign an application for inclusion in the collective insurance agreement.” However, the client did not pay attention to the content of the SMS; out of habit, he named the code without reading the text.
“The bank tested a new service that allowed the client to sign an agreement using an electronic signature in the client’s personal presence, while the SMS message indicated complete information about the service provided and its cost,” says the Alfa-Bank press service. Now the bank signs contracts on paper, the credit institution clarified. The bank did not explain how long the experiment with connecting insurance with the help of PEP was carried out, when exactly and why it was abandoned.
PEP opens the door to abuse
The practice of using digital methods of signing documents is becoming fashionable in the financial market. More and more banks, when registering products in the office, offer to sign an agreement not on paper, but with the help of a PEP. However, this is not the first time this method has resulted in problems for clients. In May, Kommersant drew attention to a similar situation with Pochta Bank credit borrowers. When applying for a loan using PEP at the bank’s office, clients received SMS messages with approximately the following content: “Confirmation code 1234. Payment “Taking care of you!”, 3,000 rubles, commission 0 rubles.” If the client named the code without reading the message itself, he could easily have accidentally subscribed to such paid services as “Lawyer-24”, “Doctor-24”, “Personal Doctor”, “Hello, Neighbor”, and others.
At Pochta Bank, a simple electronic signature in the form of a code from an SMS is considered safe for the client. “Such operations are carried out only when the client receives an incoming request (call, visit to a branch or in a bank chat), so he can be sure that he is communicating with a bank employee and the data is reliably protected,” note the press service of the credit institution.
The Bank of Russia, on the contrary, recognizes the disadvantages of using PEP. “This method does not contradict the norms of the law, but signing a loan agreement using a PEP does not exclude the risks of bank employees abusing their powers,” the press service of the Central Bank reports.
The regulator is already receiving similar complaints: consumers do not understand what services they are purchasing when they provide an electronic code to a bank employee. “If such practices are identified, the Bank of Russia carries out appropriate supervisory work with banks. As part of the implementation of preventive measures, the Bank of Russia also analyzes the business processes of banks in order to adjust them to prevent the causes of possible abuses,” the press service of the Central Bank notes. Since 2019, the regulator has also been conducting so-called secret purchases, during which it establishes facts of unfair sale of additional products to the loan agreement.
The Central Bank advises bank clients not to tell the operator the code from the SMS until he explains what this code refers to and what document is being signed in this way. “Regardless of the method of concluding an agreement - with or without the use of PEP - the consumer has the right to familiarize himself with the terms of the agreement before signing the documents,” explains the regulator.
advocatus54.ru
So, before putting signatures on each sheet (and sometimes (but much less often) - on each page) of the contract, you should still read this sheet (page) - do not throw away your signatures without thinking.
Firstly, by signing each sheet, this indicates that the counterparty is familiar with the specific text and agrees with it; Secondly, the signature of each sheet of the contract protects it from substitution.
For the court, all documents will be valid, the main thing is to establish that these conditions were the will of the parties. Order a consultation with a lawyer Lawyer topics: Administrative liability and offenses Inheritance Civil law.
Contracts. Transactions Biography: Graduate of the Russian Academy of Justice.
He is one of the lawyers of the Legal City of Kazan. Profile: civil, arbitration process. 25 November 15:34 The law does not oblige civil law contracts drawn up on several
Do I need to sign each page of the real estate pledge agreement?
(Definition of the Investigative Committee according to the State Duma of the Armed Forces of the Russian Federation dated 04.03.14 N 18-KG13-203)
By virtue of the Civil Code of the Russian Federation, an agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging documents through postal, telegraphic, teletype, telephone, electronic or other communications that make it possible to reliably establish that the document comes from a party to the agreement.
In accordance with the Civil Code of the Russian Federation and the Pledge Law, the pledge agreement must be concluded in writing. Based on the Mortgage Law, a mortgage agreement is concluded in compliance with the general rules of the Civil Code of the Russian Federation on concluding agreements, as well as the provisions of this law. The mortgage agreement is concluded in writing and is subject to state registration.
From the meaning of the above provisions it follows that the general rules on compliance with a simple written form apply to a real estate pledge agreement.
The legislation does not contain any special provisions regarding the qualified written form or the procedure for signing it.
________________________
*Rules for concluding and executing contract agreements for design and survey work and (or) conducting designer’s supervision of construction, approved by Resolution of the Council of Ministers of the Republic of Belarus dated 01.04.2014 No. 297 (hereinafter referred to as the Rules).
Before analyzing the new requirements of the Rules, I would like to note that they have a certain factual and legal basis.
In judicial and arbitration practice, there are often situations when the same agreement of the parties is formalized in different copies of the same agreement. Moreover, often the first and last pages of such copies are identical for both parties to the contract, but the pages located between them vary. At one of the arbitration court meetings, on the table of the arbitrators there were 5 different copies of the same agreement, presented by two parties to the process: the plaintiff presented 2 different versions of the same agreement, and the defendant - 3 options.
It is precisely such abuses that, in certain cases, can be counteracted by the signing of each page of the contract by the parties.
New Rules have appeared - new questions have arisen
The rules require that each page of the contract for the performance of design and survey work and (or) supervision of construction (hereinafter referred to as the contract) and its annexes must be numbered and signed by the parties or authorized representatives of the parties.
Questions arise: how to evaluate an agreement if its pages (or part of the pages) are not numbered and (or) not signed by the parties? Are there legal consequences for not complying with the above legal requirements?
At first glance, one can refer to Art. 169 of the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code) and say that a transaction that does not comply with the requirements of the law is void unless the legislative act establishes that such a transaction is contestable or does not provide for other consequences of the violation. The rules do not regulate in any way the consequences of the violations we are analyzing, and therefore this agreement is a void transaction.
However, in our opinion, such an unambiguous conclusion cannot be drawn.
It must be recognized that neither the Rules nor the Civil Code directly regulate the consequences of not numbering the pages of an agreement and (or) their non-signing.
However, the requirements established by the Rules regarding the numbering of pages of the agreement and their signing can be classified as so-called additional requirements for the form of the transaction.
Therefore, when drawing up such agreements, take into account the norm of part three of paragraph 1 of Art. 161 of the Civil Code, by virtue of which the legislation and agreement of the parties may establish additional requirements that the form of the transaction must comply with, and provide for the consequences of non-compliance with these requirements.
Is signing a contract and signing every page of it the only requirement?
Everyone remembers the general rule: a transaction in simple written form must be completed by drawing up a document expressing its content and signed by the person or persons making the transaction, or persons duly authorized by them (clause 1 of Article 161 of the Civil Code).
The following question arises: shouldn’t the failure to sign each page of the contract by its parties be considered as a lack of conclusion of the contract as such (does this not mean recognition of the contract as not concluded)?
In our opinion, these are not the same thing.
In part one of paragraph 1 of Art. 161 of the Civil Code we are talking exclusively about the necessity of mandatory signing of the transaction as such, and not individual pages of the agreement on the specified transaction. And it is the failure to sign the document formalizing the transaction that means failure to comply with the written form of the transaction, and in certain cases, failure to complete (non-conclude) the transaction as such.
In terms of the requirement to sign each page of the contract, we are talking about an additional legal requirement for the form of the transaction.
Why is pagination necessary?
The requirement of the Rules regarding the numbering of each page of the agreement and appendices to it (although in paragraph 16 of the Rules we are talking not about appendices, but about the appendix; but the latter seems to us to be nothing more than a minor inaccuracy on the part of the legislator) seems to us absolutely incorrect.
The requirements for numbering the pages of the contract and its annexes should not be taken as a legal requirement.
The concept of “legislative requirement” implies that if the legislator for some reason introduces any legislative rule, then this rule, by virtue of the very authority of the legislator, must be observed. If it is not observed, then the legislator must provide for penalties for violation of his will. A measure of liability should be introduced only in relation to significant violations that actually affect the interests of the participants in the relevant legal relations.
And again the question is: whose interests and how can they be affected by the lack of numbering of pages of the agreement and its annexes?
The legislator does not regulate a significant number of relations, believing that this does not fall within the scope of legislative regulation. For example, the legislator does not determine in any way the number of pages in civil transactions involving subjects of the Republic of Belarus or the number of words in clauses (articles) of relevant agreements, etc.
We would like to note that in relation to page numbering, the legislator could not participate in any way in regulating these relations. The Rules do not specify any legal consequences for failure to comply with this requirement.
However, do not forget the fact that the requirements for page numbering can be attributed to the form of the contract, therefore liability for failure to comply with these requirements also applies in this case.
In case of non-compliance with the requirements for the form of the transaction, for which the consequences of non-compliance are not provided, the consequences of non-compliance with the simple written form of the transaction are applied.
In turn, failure to comply with the simple written form of a transaction deprives the parties of the right in the event of a dispute to refer to witness testimony in support of the transaction and its terms, but does not deprive them of the right to provide written and other evidence that is not testimony (clause 1 of Article 161 of the Civil Code).
To sum it up...
Extrapolating the above to non-compliance with the requirements of the Rules regarding the numbering of each page of the agreement and (or) failure to sign such a page, we note that the parties to the agreement do not need to resort to testimony in order to confirm the fact of the agreement and its terms: the fact and conditions will be present in what is signed by the parties text of the agreement.
Consequently, violation of the requirements of the Rules in question will not affect the rights and obligations generated by the contract.
However, with regard to the absence of signed pages of the contract (or some of its pages), the conclusion drawn may be called into question. This can only happen if each party to the contract has its own version of these pages. And in such a situation, in order to confirm the terms of the contract textually posted on these pages, it will be necessary to provide additional written and other evidence that is not testimony.
If it is impossible to provide such evidence, then as a consequence it is possible in certain cases (namely in cases where the essential terms of the contract will be placed on the relevant pages of the contract) to speak of the non-conclusion of the contract due to the non-agreement by the parties to the essential terms of the contract.
Contract on 3 sheets, do you need to sign each sheet?
And secondly, every notary has an identity card.
It indicates not only the position and first and last name of the person, but also his photograph. Thanks to this document, it is easy to check who is in front of you: a notary or not. There is such a thing as a “mandatory notarial form”.
These forms refer to transactions established by law that require the mandatory presence of a notary.
If the notary is not present at the conclusion of the transaction, then the contract or agreement is not considered legal and, accordingly, has no force. But if a dispute over an agreement that was not signed at all or certified by an unauthorized employee is started not by counterparties, but by tax officials trying not to take into account the expenses incurred on such documents, then the arbitrators do not have a common point of view (even despite the opinion of the “highest” judges , expressed in the Decree of the Supreme Arbitration Court of the Russian Federation dated 06/08/2010.
No. 17684/09). By default decision of the Taganrog District Court of the Rostov Region dated September 8, 2011, which entered into legal force on October 22, 2011, with PromTransPostavka LLC, Belnedra LLC, Solnechny LLC and others in favor of OJSC CB Center-Invest additionally recovered jointly and severally under the same loan agreement... rub.
