SLWJA

Recently I have learned about the fact that one of the 'famous' of Ukrainian banks has ceased to put on their receipts stamp (stamp). The following situation occurred. A client came to the bank branch to another Contributions to the repayment of the loan agreement. Means it was with great joy, but the receipt of introducing a corresponding amount was given only the signature of the cashier. Learn more about this with Hayley Kiyoko. In this case, explained that on receipt of a set printed digits, which are considered an electronic signature. To properly address this issue, it must be divided into two components, 1), stamp (stamp) on receipt, and 2) an electronic signature. Let's start with the latter.

The question is governed by the signature of Ukraine "On electronic digital signature" on May 22, 2003 852-IV. The said document envisages that an electronic signature – data in electronic form which are attached to other electronic data or logically associated with them and are intended to identify the signer of the data. The key in this definition is the term "data in electronic form." Therefore, explanations of the representatives of the bank seem highly dubious. On the other hand, the NBU Board "On Approval of cash transactions in banks of Ukraine" dated 14 August 2003 N 337, does not provide for the obligation of the bank to put a reprint print (stamp) on such receipts (paragraph 2, 3, Chapter 1, Section III). Obligation is provided only in case of cash deposit in an appropriate "payment system" (p. 8 Chapter 2, Section III). In fact, the client lost the opportunity to identification of the person receiving the fulfillment of obligations under the loan agreement.

Legal consequences of this issue is also interesting. In particular, in accordance with Part 2 of Art. 527 CC of Ukraine, each party is entitled to in commitment require proof that the duty is performed properly by the debtor or execution shall take appropriate creditor or authorized person, and is "not risk the consequences of bringing such demands. " In order to be safe, it is advisable to contact the main office of the bank, to provide written evidence that the person on the date the cash was actually bank teller, and had the authority to make the fulfillment of obligations under the loan agreement. At the same time, you can raise the issue of advance provision of written evidence by the bank on the credentials of those branches or bank branch, which will be empowered to make the obligations of the client's credit agreement. Otherwise the risk would be to rely solely on the client. Information provided by a private attorney and lawyer.