In Azerbaijan, signing contracts and applications without visiting an office is no longer the exception but everyday practice. The legal basis for this is the Law “On Electronic Signature and Electronic Document.” In this article, we explain the key rules and practical points in plain language.
When is an electronic signature equivalent to a handwritten one?
Under the Law, an electronic signature based on a valid enhanced (qualified) certificate has the same legal force as a handwritten signature. Where the certificate specifies the signatory’s authority, the signature is also treated as equivalent to a signature authenticated with a seal. An electronic document signed with an electronic signature, in turn, satisfies the requirement of written form.
In short: an electronic signature applied with the right certificate is as reliable as a signature on paper.
Which documents are exceptions?
Documents that require notarization or state registration are an exception to this rule. In such cases, an electronic signature alone is not sufficient, and the procedure established by law must be completed separately. That is why, when choosing a contract template, you should first check whether it requires notarization.
Which tools are used in practice?
- ASAN Imza: an enhanced electronic signature linked to a mobile number.
- SIMA Imza: a cloud-based signature confirmed by facial recognition and a PIN; it works via a QR code or a mobile app.
- In both cases, the validity of a signed PDF can be verified in the signature panel.
Practical recommendations for businesses
- Before signing, make sure the document is the final version: keep a version history.
- Verify each party’s signing authority: a director, a representative under a power of attorney, and so on.
- Store signed documents in a tamper-proof archive.
- Flag separately any documents that require notarization.