“Even a whole copy is not enough”: risks of submitting copies of written evidence


For legal entities

Certification of copies of documents provided by a client - a legal entity - can be carried out by the following employees of the client - a legal entity (at the client’s choice):

  1. Head of a legal entity The powers of the head of a legal entity are confirmed by an extract from the Unified State Register of Legal Entities for this legal entity, where in the section “Information on individuals who have the right to act on behalf of the legal entity without a power of attorney” the position, surname, first name and patronymic of the person who certified the copies are indicated.
  2. Chief accountant The client, a legal entity, provides a copy of the order for the appointment of the chief accountant indicating the name of the legal entity, position and full name. chief accountant. A copy of the order can be certified by the head of the legal entity or the chief accountant himself.
  3. An employee of the HR department (personnel department, personnel service, etc.) The client - a legal entity provides a copy of the order for the appointment of an employee of the HR department, indicating the name of the legal entity, position and full name. of this employee. A copy of the order can be certified by the head of the legal entity or the HR department employee himself.
  4. Another employee of a legal entity. The client - a legal entity provides:
    • a copy of the order appointing this employee indicating the name of the legal entity, position and full name. of this employee
    • a copy of the order granting this employee the authority to certify copies of a legal entity.

  5. A copy of the order can be certified by the head of the legal entity or the employee himself.

  6. Any individual (including those NOT in an employment relationship with a legal entity). This person provides the original power of attorney on behalf of the legal entity (with the signature of the head of the legal entity and the seal of this legal entity), in which:
    • has the authority to provide (transfer) the necessary documents and certify their copies on behalf of the legal entity, OR/AND
    • has the authority to carry out actions on behalf of the head of the legal entity or to carry out all legally significant actions on behalf of the legal entity.

  7. The original power of attorney is presented to CenterInform JSC, a copy certified by the authorized person remains at CenterInform JSC.

But it is still impossible to oblige the counterparty

But still, civil law does not provide for the obligation of the counterparty to provide the other party to the contract with certified copies of documents.
And in those cases when the courts applied the provisions of the Decree of the Presidium of the Supreme Soviet of the USSR dated 08/04/1983 No. 9779-X, they applied them mainly to clarify the question of in what order copies of documents should be certified.

That is, when a regulation or contract establishes the obligation of a person to provide a certified copy of a document, but it does not say exactly how it should be certified (notarized or the manager’s signature is sufficient, etc.), then the courts must respond to this question and referred to the provisions of Decree No. 9779-X.

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