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The procedure for using EDS from 2022 has been determined

The procedure for using EDS from 2022 has been determined

LEGAL DIGEST, NEWS \ 28.09.2021

The Ministry for Digital Development, Communications and Mass Media of the Russian Federation has issued clarifications determining the procedure for applying qualified electronic signature certificates starting from January 1, 2022.

Please be reminded that starting next year, the Federal Tax Service (FTS) will be entrusted with the function of registering and issuing a qualified electronic signature (QES) for organizations, individual entrepreneurs and notaries.

Those QES that were previously issued by commercial certification authority (CA) will cease to operate. The CA themselves will continue their work, but will have to pass accreditation under the new rules. In this connection, the question of the lawfulness of the use of existing QES remained open.

According to the new clarifications of the Ministry for Digital Development, Communications and Mass Media (Russian acronym – Mintsifra), if there is a qualified electronic signature certificate, organizations do not need to receive a new QES. However, the procedure for applying such a signature depends on the period in which the CA received accreditation.

The QES was issued by the CA, which received accreditation after July 1, 2020.

In this case, the QES can be applied after January 1, 2022 until the expiration of its validity. The electronic signature of a legal entity will continue to operate regardless of who its owner is – the head of the organization or his or her representative. The list of CA is published on the official website the Mintsifra of the Russian Federation.

After the validity period of such a QES expires, the head of the organization will need to obtain a new QES certificate in the CA of the Federal Tax Service.

The QES was issued by the CA, which did not receive accreditation before July 1, 2020

Such QES will be valid only until January 1, 2022. At the same time, the issuance of QES by such CA becomes impossible starting from July 1, 2021. But if such a CA passes accreditation after July 1, 2021, then:

  • the QES issued from July 1, 2021 before receiving accreditation will be declared invalid;
  • the QES issued before July 1, 2021, if it passes accreditation before December 31, 2021, will be valid after January 1, 2022 until the end of its validity period.

If the QES is issued after passing the accreditation, which occurred in the period from July 1 to December 31, 2021, it is also remains in force until the end of its validity period.

In the matters of the drawing up and application of QES by organizations, please contact Acsour specialists.

Acsour