Facsimile is a reproduction of the original graphic image. As it can be engraving, drawing, text, drawing, monogram and so on. The word itself comes from the Latin fac simile. In literal translation, it means "do like that." 
History reference
Until the 19th century, facsimiles were usually produced by drawing the original using transparent paper, engraving on wood or metal, and lithographing. In the modern world, this procedure is much easier. Thanks to the invention and the subsequent improvement of light painting - photo engravings, photographs and other processes that allow you to obtain unconditionally true copies exclusively by mechanical means. The playback process is referred to as facsimile. With its help, rare copies are published for scientific purposes. Today, the use of a facsimile signature is quite common. Let us further consider what it is and why it is needed.
General information
Facsimile signatures on documents have long been considered a rarity. In some cases, it is more convenient to use just such, rather than original elements. Nevertheless, despite the fairly wide distribution, the facsimile signature is not allowed on all papers. There are a number of restrictions, the violation of which can lead to quite serious consequences.
Facsimile signature: legal force
In the Civil Code there is only one mention of the props in question. In particular, in Art. 160, para. 2, it is permitted that, upon completion of transactions, an electronic, facsimile signature or other analogue of the original may be used, created by means of mechanical or other copying. This is permitted in cases stipulated by law or by agreement of the parties. In these situations, the facsimile signature is legally binding. The possibility of its application should, in turn, be fixed by the relevant agreement. Only after its conclusion, a facsimile signature on the contract can replace the original. Otherwise, the written form during the transaction will be considered not complied with under Art. 160 GK.
Along with this, the law enforcement practice is such that the parties to the contract can provide for the possibility of using a facsimile signature directly in its text, as a separate paragraph. In this case, there is no need to draw up an additional agreement. MNS adheres to this position. An explanation was given in the corresponding letter that since legislation was not established, the facsimile signature could be used only by mutual agreement of the parties, which should be confirmed in writing. In the absence of an agreement, the Arbitration Courts recognize the transactions as not concluded due to non-compliance with the established requirements for the form of their execution. It follows that the parties themselves decide where to put the facsimile signature, and whether it is allowed to apply it at all. 
Transaction process
As a rule, the facsimile signature is presented in the form of a stamp on which there is an exact copy of the original. Such props are used to speed up paperwork in the company. However, there are a number of drawbacks to using this signature.In particular, any employee can use it without the knowledge of the director. In addition, not every paper facsimile signature can replace the original. Transactions of legal entities with each other and with citizens are usually concluded in writing, regardless of value. This process is carried out by drawing up the relevant document. It reflects, in fact, the content of the transaction. To confirm their intentions, the parties should sign an agreement. As a general rule, this is done directly by the persons themselves or their representatives.
Some recommendations
Before concluding an agreement, which will be certified by facsimile signature, an agreement should be drawn up on the procedure for applying this attribute. There are no particular difficulties in its design in practice. The agreement usually says that the facsimile signature has the same strength as the original signature of the authorized person. The parties, therefore, recognize the competence and legality of the papers which are endorsed by it. As mentioned above, the same clause can be provided directly in the main contract. The latter option has recently been more popular. In addition, it is advisable to foresee in advance on which documents you can put a facsimile signature. For example, it can be applications, interim reports, orders, information or guarantee letters, certificates, additional agreements and so on. It should also clearly indicate the circle of people who can use cliches, make a facsimile signature and attach sample prints. 
Labor contract
There is no prohibition or restriction on the use of a copy of the signature in the TC. However, the possibility of its application should be recorded in the local acts of the company. They may also provide a list of papers on which a cliche can replace the original. Thus, a copy on orders, contracts, transfer orders and other acts will be completely legal.
Important point
Since October 2014, Federal Law No. 267 has been in force. In accordance with it, amendments were made to another Law regulating the procedure for ensuring social protection for the visually impaired. According to current standards, in some cases, these citizens can replace the original of their signature with a facsimile in banks. The identity of the cliche and the original is certified by a notary and confirmed by a corresponding certificate.
Facsimile signature on primary documents
The controlling authorities expressed their position regarding the legitimacy of the use of clichés in the respective Letters. In particular, the explanations state that a facsimile signature on primary documents, invoices, letters of attorney, payment and other securities having financial consequences is not allowed. Judicial practice, however, is rather ambiguous in considering this issue. Most Arbitration Institutions adhere to the position of regulatory authorities. However, in one of the decisions of the FAS in the Urals District, he noted that the appeal court with reference to Art. 160, part 2, it was correctly pointed out that there is no norm in the current legislation that would prohibit or restrict the use of clichés when concluding acts in the form of COP-2, a work contract and drawing up certificates for f. KS-3.
A resolution of the FAS in the Moscow District to state that an agreement under which a cliché can replace the original may result from a specific action. The absence in the contract of an indication of the possibility of using facsimiles without taking into account other circumstances, in and of itself, cannot serve as a basis for recognizing invoices signed in this way as non-legal if they have the buyer's stamp on them. Additional confirmation of the transaction is given reconciliation acts which reflects the debt for the supply.All this suggests that when signing the primary documentation by facsimile, there is a risk of controversial situations. 
Invoice
It was indicated above that in such papers a facsimile signature cannot replace the original. Nevertheless, not everyone is fully clear on this issue. According to regulatory authorities, the use of cliches on the invoice acts as a violation of the rules for its design. Such securities do not give rights to deduct VAT. YOU in one of its decisions supported the position of the tax authorities. In its clarification, the court indicated that in the Tax Code, in Art. 169, in particular, the possibility of using a facsimile signature in the process of issuing an invoice is not provided. District courts also adhere to this position and make decisions not in favor of taxpayers.
Bans and Permissions
Legislation does not allow the use of facsimile signatures on:
- Bills.
- Tax returns.
- Payment orders powers of attorney. Regarding the latter, there is a disposition in accordance with which it is allowed to use facsimiles by agreement of the parties.
- On applications for participation in tenders to meet the needs of the state and securities that are part of them.
- Bank cards with imprint prints and signatures.
Along with this, the law allows the use of facsimiles on:
- Congratulations, invitations, letters of thanks, other papers that do not entail financial consequences.
- Agreements, amendments or additions to them, provided that the possibility of using the cliche is prescribed in them or established by agreement of the parties.
Order
The head of the enterprise independently resolves issues related to the use of facsimile signature in the document flow. If he makes a choice in favor of a cliche, then this should be framed by the relevant act - an order. It is usually compiled in an arbitrary form. At his disposal, the head establishes a list of papers on which a facsimile signature can be affixed, the circle of persons who are authorized to endorse them in this way. It is also advisable to issue a special instruction, which will highlight all the important points regarding the direct use of the cliché, its storage and destruction if necessary.
Possible problems
Often, business leaders make a big mistake when, in their order to use facsimile reproduction of a signature, officials whose autograph is not authenticated are given the opportunity. This is considered a violation of the established office work rules. This is due to the fact that only the one whose autograph is actually reproduced can use a facsimile signature. In this case, it is necessary to remember that the cliche's task is to replace the original, by which a specific official can be identified.
Thus, it is the paper that should endorse the paper, since it bears responsibility for the reliability of the paper. Along with this, the manager does not always have the opportunity to be present at the signing of certain documents. In such cases, he should issue a separate order in which he empowers the other responsible person. These changes should be made to the local acts of the company, including its constituent documentation. 
Features of creating cliches
In order to apply the facsimile signature and to comply with the requirements established by the legislative norms, it is necessary that it be manufactured with high quality. The equipment used to create the cliche withstands high pressure and protects the print from mechanical damage. For this, a high-tech GRM element is used. It is equipped with a special mechanism that limits the force of pressure. The size of the snap depends on the size of the autograph. GRM element allows you to get a clear and not crushed impression.In general, the production of a facsimile signature is not accompanied by serious difficulties, except for some technical subtleties that occur during the process. First, an autograph scan is performed. A cliche is made for the sample. It looks, as a rule, in the form of a stamp-stamp. The equipment can be simple (metal or plastic) or automatic. Before starting production, the company must take a written permission from the customer with a facsimile.
Conclusion
From the above information, it can be concluded that a facsimile signature is a fairly convenient means of applying your autograph for many people. However, far from always replacing the original is safe. It should be remembered that neither in civil nor in tax laws the procedure for using facsimile reproduction is regulated. Nevertheless, subject to clarifications and some existing requirements, the risk can be significantly reduced. One way or another, experts recommend that before signing any agreements or other important papers, draw up a preliminary agreement in which both parties will recognize the cliche as legitimate. Imprints should also be attached to it. The heads of enterprises, however, must pay full attention to the preparation of an appropriate order at their enterprise, according to which the facsimile signature will be used. Of particular importance should be given to the definition of those persons who are authorized to endorse certain papers in this way. When issuing an order to transfer such opportunities to any employee, it is necessary to stipulate the responsibility of this employee in identifying violations or exceeding his authority. 
It should not be considered that the facsimile signature completely replaces the original. This is far from the case. Moreover, the law establishes a list of securities that can only be sighted personally. In the event of any disputes, the main argument in favor of using facsimiles will be a mutual agreement of the parties or the existence of a corresponding clause in the contract. Otherwise, the court recognizes its use as unlawful, and the paper is invalid. Until the use of the cliche is strictly regulated by law, the use of the print is best limited. In some organizations, forms of paper that are not of financial importance are endorsed in advance. For example, this applies to letters of thanks, business letters, congratulations, announcements, and so on.
