Companies will start using power of attorney in digital format from 2023
A machine-readable power of attorney is an innovation in the law, which began to be applied in 2023, so far in test mode. Such a power of attorney will allow interacting with electronic document management and electronic signature not only for company executives and individual entrepreneurs, but also for other employees.
This power of attorney can only exist in digital format. An electronic power of attorney, unlike a machine-readable one, is prepared in paper form, and then transferred to digital form.
The definition of a machine-readable power of attorney is enshrined in the Electronic Signature Law. This document is called a document of authority. A machine-readable power of attorney is produced in XML format and signed with an enhanced qualified electronic signature.
Already, machine-readable powers of attorney are used to interact with such government agencies and commercial organizations as:
- Federal Treasury;
- Federal Customs Service;
- Post office;
- Bank of Russia;
- VTB Bank and other banks.
This tool appeared in 2023 and government services may not yet be adapted to its use. The power of attorney can be used in PDF format for government services and tax authorities until the function for accepting machine-readable powers of attorney has been launched.
Until August 31, 2023, legal entities and individual entrepreneurs are given a transitional period for issuing machine-readable powers of attorney. From September 1, 2023, machine-readable powers of attorney will become mandatory, since qualified digital signature certificates without such powers of attorney will not be accepted.
How to prepare a machine-readable power of attorney
Before issuing a power of attorney, the representative to whom the power of attorney is issued must obtain an electronic signature of an individual. The issuance of electronic signatures is carried out by accredited centers, the list of which was provided by the Ministry of Telecom and Mass Communications.
- Information about the trustee:
• For individual entrepreneurs: full name, SNIL, OGRNIP, TIN;
• For Russian companies: name, address, TIN, KPP, OGRN, full name and SNIL of the head;
• For foreign companies: name, address (where it is registered), registration number, information about the head – last name, first name, patronymic (if any)
- Information about the representative:
• Full name, date of birth, series and number of the passport, date of issue, name and code of the authority that issued the passport, SNILS, TIN.
- Date of signing the power of attorney;
- Validity of the power of attorney (if it is established);
- Powers of the representative;
- Specify the identifier of powers according to the list on the State Services;
- Information about the information system that provides information on the early termination of the power of attorney;
- Number of the power of attorney;
- Electronic signature of the principal;
- The right to reassign if necessary.
A machine-readable power of attorney is signed by the principal’s EDS. After creating and signing the power of attorney, the representative will be able to interact with government agencies. When submitting documents to government agencies, you must attach a power of attorney file in XML format and the UKEP of the principal.