AGREEMENT No. __________/__________ EDO
About electronic document management
Moscow "____" ____ 2011
___________________”hereinafter referred to as the “Client”, represented by ______________, acting on the basis of ______________ on the one hand, and
General agreement on the use of EDS - General agreement No. 3/VERIF dated 01.01.2001, concluded within the framework of the Agreement between the participants of the EDI system between the Non-Commercial Partnership "RTS Stock Exchange" as the Certifying Authority and Closed Joint Stock Company "Depository Company "REGION" as the operator of the EDI system;
Electronic digital signature (EDS)- details of an electronic document designed to protect this electronic document from forgery, obtained as a result of cryptographic transformation of information using the private key of an electronic digital signature and allowing to identify the owner of the signature key certificate, as well as to establish the absence of information distortion in the electronic document;
Electronic document- a document in electronic digital form, originating from the owner of the signature key certificate and having received a positive confirmation of the authenticity of the digital signature in accordance with the procedure provided for by this agreement and its annexes, which are an integral part of this agreement.
Electronic document management- acceptance and transmission by the Parties of the Agreement of documents signed with the help of EDS, provided for by this Agreement, in electronic form.
Crypto package- a file with the extension "pkt" with information about the content of the electronic document and a digital signature that guarantees the invariance of the transmitted data;
Closed (secret) key of electronic digital signature- a unique sequence of characters known to the owner of the signature key certificate and intended to create an electronic digital signature in electronic documents using electronic digital signature tools;
Signing key certificate owner- an individual authorized by one of the Parties to sign the documentation under the Agreements specified in Appendix No. 2 to this Agreement, who owns the corresponding private key of the electronic digital signature, which allows using electronic digital signature tools to create their own electronic digital signature in electronic documents (sign electronic documents);
Authentication of a digital signature in an electronic document- a positive result of checking on the Cryptoserver that the EDS in the electronic document belongs to the owner of the corresponding signature key certificate and the absence of changes in this document after its signing;
Verification Center– Non-commercial partnership "RTS Stock Exchange" (FAPSI license No. LF/17-344 dated 01.01.01), which controls the operation of the EDI System;
EDI system- the RTS electronic document management system, which is a set of software maintained by the Certification Center, as well as computing tools and databases owned or controlled by the Certification Center, designed to transfer electronic documents signed by EDS.
3 Subject matter of the agreement
3.1 In accordance with this Agreement, the Parties agreed to exchange documents in electronic form with an electronic digital signature under the Agreements named in Appendix No. 2 to this Agreement.
3.2 The list of documents that can be transferred using the EDS, in relation to each Agreement, the Parties determine in Appendix No. 2 to this Agreement.
4 Fundamentals
The parties agreed that:
4.1 Electronic document management using EDS within the framework of the Agreements specified in Appendix No. 2 to this Agreement is carried out in accordance with the Federal Law of 01.01.01 N 1-FZ "On Electronic Digital Signature", Federal Law of April 6, 2011 N 63-FZ "On Electronic Signature", this Agreement and the Agreement on the use of EDS.
4.2 Information in electronic form, signed with an electronic digital signature, is recognized as an electronic document, equivalent to a paper document signed with a handwritten signature, if the authenticity of the electronic digital signature in the electronic document received in the manner provided for in clause 4 of this Agreement is confirmed.
4.3 All legal relations under the Agreements specified in Appendix No. 2 arising from the provision / receipt of documents in paper form also apply to electronic documents signed with an EDS.
4.4 The Parties are guided by the provisions of the Agreement of the Participants of the EDI system and the General Agreement on the use of EDS in relation to terminology, requirements for software and hardware, the procedure for confirming the authenticity of the EDS and other aspects of technical and technological interaction not specified in this Agreement.
4.5 The Client is obliged to compensate the expenses of the Special Depository for the payment of One-time payments for registration of Client Packages (intended for the Client) carried out by the Special Depository in favor of the Non-Commercial Partnership “RTS Stock Exchange” on the basis of the General Agreement on the use of EDS.
5 Procedure and conditions for interaction between the Parties
5.1 The Client is serviced within the terms, in the manner and on the terms specified in the Agreements specified in Appendix No. 2 and this Agreement.
5.2 The provision by the Special Depository of the services provided for by the Agreements (Appendix) is carried out on the basis of electronic documents submitted by the Client to the Special Depository.
5.3 Reports on the transactions performed, as well as other documents specified in Appendix No. 2 in relation to each of the Agreements, are provided to the Client in the form of electronic documents signed with an EDS.
5.4 The exchange of electronic documents between the Parties is carried out by sending them by e-mail in the form of crypto packages attached to e-mails. The size of one cryptopacket should not exceed 1 MB.
5.5 The formats in which the documents must be transmitted are specified in Appendix No. 2 to this Agreement.
5.6 The list of information that must be contained in electronic documents provided for by the Regulations, which are an integral part of the Agreements (specified in Appendix No. 2), is agreed by the Parties additionally if they differ from those established by the relevant Agreements and / or Regulations. Such additional agreements are an integral part of this Agreement. The volume of information contained in electronic documents must not be less than that specified in the relevant Agreements/Regulations.
5.7 To create crypto packages, verify the EDS and extract the initial information, the Parties use the software ANR “Sign & Verify” and ANR “Sign & Region IC Verify”, developed in REGION. ANR “Sign&Verify” uses:
· RTSSign component for signing EDS documents;
· RTSVerif API for checking crypto packages on the Cryptoserver of CJSC “DK REGION” with the possibility of confirmation in the Certification Center Certificate Store;
· RTSVerif API for extracting initial information from cryptopackets.
· ANR “Sign&Region IC Verify” uses the RTSSign component, which contains information about the current REGION certificate in its resources to sign documents, verify the REGION EDS and extract initial information from cryptopackets received from REGION.
5.8 The procedure for signing electronic documents with EDS, their verification and extraction of initial information is given in Appendix No. 1, which is an integral part of this Agreement.
5.9 Each of the Parties ensures the safety of all electronic messages received from the other Party under this Agreement, and maintains a complete and chronological record of them. These materials are retained in their entirety and unaltered for the periods specified for the relevant documents in paper form.
6 Rights and obligations of the parties
6.1 The Special Depository undertakes:
6.1.1 Accept the Client's documents specified in Appendix No. 2 to this Agreement in the form of files signed with EDS;
6.1.2 Send documents by e-mail to the Client in the form of files signed with an EDS within the time limits stipulated by the relevant Agreements with the Client;
6.1.3 Verify the authenticity of the electronic digital signature in electronic documents received by the Special Depository from the Client;
6.1.4 In accordance with the procedure provided for in clause 4.9 of this Agreement, store electronic documents signed with an EDS in the form received from the Client and ensure their safety within the time limits established by the Agreements of the Parties and / or the relevant Regulations;
6.1.5 Immediately (but in any case not later than one business day) notify the Certification Authority, as well as the Client about cases of loss, recognition of illegality or loss of EDS secret keys, as well as other cases of violation of the confidentiality of EDS keys;
6.1.6 Assign the owner of the signature key certificate only to persons authorized under this agreement to sign electronic documentation;
6.1.7 Ensure the confidentiality of EDS keys, in particular, prevent the use of EDS keys belonging to the Special Depository without its consent, ensure the impossibility of signing the EDS of electronic documents by persons not authorized to do so by order of the Special Depository's officials;
6.1.8 Do not use the EDS key if there is reason to believe that the confidentiality of this key has been violated.
6.2 The Special Depository is not entitled to:
6.2.1 Make any changes to the electronic documents received from the Client under this Agreement.
6.3 The Client undertakes:
6.3.1 Submit documents in electronic form using EDS within the time limits stipulated by the relevant Agreement of the Parties, as well as the relevant requirements established in Appendix No. 2 to this Agreement.
6.3.2 Ensure the safety and confidentiality of EDS secret keys, including ensuring that only authorized persons can access them, and also prevent the use of EDS keys belonging to the Client without his consent;
6.3.3 Notify the Special Depository and the Certification Center of all cases of violation of confidentiality (including loss, recognition of illegality or loss) of EDS secret keys within two hours from the moment of discovery of the circumstances specified in this paragraph. In case of violation of the terms specified in this paragraph, the Client is not entitled to refer to the specified circumstances, including the fact that the document was signed by an unauthorized person, in the event of a dispute between the Parties;
6.3.4 Appoint the owner of the signature key certificate of persons who have received training in the use of cryptographic protection tools and are allowed to use them on the basis of the order of the Client's officials;
6.3.5 To appoint as the owner of the signature key certificate only persons authorized under this Agreement to sign electronic documentation;
6.3.6 Ensure that electronic documents cannot be signed by persons who are not authorized to do so by order of the Client's officials;
6.3.7 do not use the EDS key if there is reason to believe that the confidentiality of this key has been violated
7 Liability of the parties
7.1 When resolving disputes arising from the use of the EDS, the Parties shall be guided by the provisions of the Agreement on the use of the EDS, this Agreement, as well as the legislation of the Russian Federation.
7.2 The Parties shall be liable for non-performance or improper performance of their obligations under this Agreement.
7.3 The Special Depository is responsible for:
7.3.1 Causing damage to the Client as a result of non-fulfillment of the procedure for confirming the authenticity of the EDS in an electronic document;
7.3.2 Losses of the Client arising from the willful change by the Special Depository of a document signed with an EDS;
7.3.3 Actions of the Special Depository's employees related to the illegal/unqualified use of EDS secret keys that caused the Client's losses.
7.4 The Special Depository shall not be liable for:
7.4.1 The Client's losses incurred as a result of loss, damage or unauthorized/unqualified use by the Client of the EDS secret keys, about which the Special Depository was not notified within the terms provided for in clause 5.3.3 of this Agreement or was notified in violation of these terms;
7.4.2 Actions of the Client's employees and their transfer of electronic documents to the Special Depository that caused the Client's losses as part of the implementation of the Agreements specified in Appendix No. 2 to this Agreement.
7.5 The Client is responsible for:
7.5.1 Reliability and/or timeliness of providing information related to the implementation of this Agreement;
7.5.2 Provision of electronic documents in formats other than those described in this Agreement and its annexes;
7.5.3 Actions of the Client's employees related to the illegal/unqualified use of EDS secret keys that caused losses to the Client and/or the Special Depository;
7.5.4 Untimely notification of the Special Depository about cases of loss, recognition of illegality or loss of EDS secret keys.
7.6 The Client is not responsible for:
7.6.1 Losses incurred as a result of alteration of electronic documents by the Special Depository received by the Special Depository;
7.6.2 Actions of the Special Depository's employees related to illegal/unqualified use of EDS secret keys that caused losses for the Client and the Special Depository
7.7 None of the parties shall be liable for the full or partial failure to fulfill obligations under this agreement if the failure to fulfill obligations is caused by the occurrence of force majeure circumstances (force majeure), such as natural disasters, strikes, acts of state bodies, failure of communication facilities (including , but not limited to telephone, electronic, teletype and other types of communication), and other circumstances that are beyond the reasonable control of the Parties and prevent the transmission and reception of any of the Parties of any electronic messages agreed by the Parties.
7.8 The Party in respect of which the circumstances specified in clause 6.7 have occurred is obliged to notify the other Party about this within one day from the occurrence of such circumstances. At the same time, the second Party has the right to demand the presentation of evidence to it, which may be certificates and certificates issued by the relevant authorities and administration, except in cases where such circumstances are well known. In case of violation of the notification period specified in this paragraph, the Parties are deprived of the right to refer to the above circumstances as exempting them from liability for failure to fulfill their obligations.
7.9 In case of termination of force majeure circumstances, the Parties are obliged to inform each other about it within one day from the moment of termination.
8 Dispute Resolution
8.1 When resolving disputes, the Parties do not question the legal validity of the electronic documents submitted as evidence, sent, received, stored in accordance with the terms of this Agreement.
8.2 Electronic documents signed with an EDS have legal force for the Parties comparable (namely equal) to a written document sealed with handwritten signatures and seals.
8.3 All disputes arising from the execution by the Parties of this Agreement will be resolved through negotiations, as a result of which the Parties must sign the relevant Protocol.
8.4 In case of failure to reach an agreement on controversial issues through negotiations, the Parties shall submit the dispute to the Moscow Arbitration Court.
9 The term of the Agreement and the procedure for its termination
9.1 This agreement comes into force from the moment of its signing by both Parties.
9.2 The term of this Agreement may not exceed the term of the Agreement on the use of EDS. With regard to each of the Agreements listed in Appendix No. 2, this Agreement is valid until the termination of obligations under such Agreements.
9.3 This agreement may be terminated early at the request of either Party. The party wishing to terminate the Agreement shall notify the other party in writing. From the moment of receipt of the notification, the Special Depository does not accept the Client's electronic documents that entail the obligation of the Special Depository to take any legal actions.
9.4 This agreement is terminated from the moment the Parties fulfill all their obligations arising from this Agreement.
9.5 If this Agreement provides for other rules for the relationship of the Parties than those contained in the documents specified in par. 2 - 6 of Article 1 of this Agreement, the rules of this Agreement shall apply.
10 Miscellaneous
10.1 The Parties that have gained access to personal data that were transferred by the Parties as part of the execution of the Agreement undertake not to disclose them to third parties and not to distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.
10.2 This Agreement is made in 2 copies, having equal legal force, one copy for each of the Parties. Each copy is signed by authorized persons and sealed.
10.3 All annexes and additions to this Agreement are its integral part and must be signed by authorized representatives of both Parties.
11 Details of the parties
Special Depository: Closed Joint Stock Company "Depository Company "REGION" | Client: |
Address: bldg. 2. IN "NATIONAL STANDARD" Tel. ext. 337 , 223, 133 Fax ext.337 |
Fax |
|
_____________________ // |
________________________ / ___________./ |
Application
to the Agreement on electronic document management
№ _________________ EDO
from "___" ___________ 2011
"____" __________ 2011
LIST OF AGREEMENTS,
within the framework of which the Agreement on electronic document management is applied,
as well as the List of documents that can be transmitted using EDS
I. The parties agreed that the Agreement on electronic document management No. ___ dated ________ applies to the following contracts:
1. Contract for the provision of services of a specialized depository of mortgage coverage to the Manager of mortgage coverage No. _______ / IP dated ., concluded between Closed Joint Stock Company "Depository Company "REGION" (hereinafter referred to as the Special Depository) and _ _______________________________ (hereinafter referred to as the Client).
The Client has the right to transfer to the Special Depository the following documents provided for by the Regulations of the Specialized Depository of Mortgage Coverage REGION (hereinafter referred to as the Regulations, using the EDS:
· All kinds of orders.
· All kinds of requirements.
· Requests.
The Special Depository has the right to transfer to the Client the following documents provided for by the Regulations:
· All kinds of notifications.
· Extracts from the Register of Mortgage Coverage.
· Information about the amount of mortgage coverage.
· Register of mortgage coverage.
2. Agreement on the provision of services of a specialized depository No. _______/ SD-UKPIF from _______________________________ . concluded between the Special Depository and the Client.
3. Agreement on the provision of services for maintaining the register of investment unit holders. No. _______/SR-UKPIF dated ______________, concluded between the Special Depository and the Client.
4. Agreement on payment for the services of the Specialized Depository dated _________ 2011.
5. Deposit agreement No. ____ dated "___" ____________ 2011
II. Document transmission format. Document templates.
1. Under the agreement specified in paragraph 1 of Art. I. of this Appendix No. 2 The Client undertakes to provide documents in electronic form using an EDS strictly in accordance with the templates that are annexes to this Agreement.
The Client must transfer documents to the Special Depository in the following format: XML, Extensible Markup Language (Windows 1251 encoding).
The Special Depository shall transfer documents to the Client in the form of files signed with EDS in doc, xls, jpg, pdf (Portable Document Format) format.
Templates of electronic documents are provided by the Special Depository to the Client as part of the documentation and software package transferred under this Agreement.
2. Under the agreements listed in paragraphs 2-4 of Art. I. of this Appendix No. 2, the Parties are entitled to transfer to each other any documents provided for by the Rules for maintaining the register of owners of investment shares of mutual investment funds by the specialized depository REGION, the Regulations of the specialized depository REGION ”and provided for in the above agreements themselves.
At the same time, the Parties must submit documents in the format: doc, xls, jpg, pdf (Portable Document Format).
3. Under the agreement specified in paragraph 5 of Art. I of this Appendix No. 2, the Client undertakes to provide documents in electronic form using an EDS strictly in accordance with the templates.
The Special Depository shall transfer to the Client the documents stipulated by the REGION Depository Service Regulations and the agreement specified in paragraph 5 of Art. I of this Appendix No. 2 in the form of files signed with EDS, in doc, xls, jpg, pdf format (Portable Document Format).
The Client shall submit electronic documents to the Special Depository in one of the following formats:
text (ASCII encoding (American Standard Code for Information Interchange), code page WIN1251);
· НTML, HyperText Markup Language (Windows encoding 1251).
Templates of electronic instructions are provided by the Special Depository to the Client as part of the documentation and software package transferred under this Agreement.
SIGNATURES OF THE PARTIES
_____________________ // | ________________________ / ____________./ M. P. |
“Electronic document management is a progressive and promising data transmission system:
- The system provides high reliability and reliability of accounting and control of the flow of documents, guaranteed confidentiality of the transmitted information;
- The system allows you to send reports from the workplace of the insured on any day, at any time of the day;
- The system allows you to quickly correct errors detected by the PFR authorities in the submitted documents from the workplace of the insured repeatedly in one day;
- For the accountant there is no need to visit the territorial body of the PFR;
- When sending reports, the policyholder receives electronic information about the results of receiving reports;
- The possibility of creating electronic archives of the entire document flow with the territorial body of the PFR opens up at the enterprise.
The issue of the possibility and procedure for submitting information in electronic form is decided by the territorial body of the Pension Fund together with a specific insurant and is drawn up by an “Agreement on the exchange of electronic documents in the electronic document management system”.
1 . What is needed to submit reports to the PFR Department in electronic form with an electronic signature (hereinafter referred to as ES):
- software for creating reports in established formats;
- cryptographic software with the implementation of the necessary functions of ES and encryption (development of cryptographic keys, signing and verification of ES at the file level, data encryption). These functions are implemented by software belonging to the category of cryptographic information protection tools (hereinafter referred to as CIPF), and which, when used in an electronic document management system (hereinafter referred to as EDMS), the PFR must have a FSB certificate;
- services of a certification center for the creation and maintenance of ES key certificates in the PFR EDMS;
- carrying out organizational measures: appointing a person responsible for organizing the use of CIPF, equipment and protection against unauthorized access of the workplace, magnetic media of cryptographic keys, archives of electronic documents;
- Conclusion of the "Agreement on the exchange of electronic documents in the electronic document management system of the PFR through telecommunication channels" with the district Department of the PFR.
For these purposes, you will need:
* Contact the certification center, select the package of services you need, receive an application form (for the production of a signature key certificate for the manager), and other documentation.
* Contact the PFR District Office with a completed application for its approval and conclude an "Agreement on the exchange of electronic documents in the PFR electronic document management system via telecommunication channels."
* Upon readiness to start work, carry out a test exchange of messages with the PFR Department.
- Features of electronic document management in the FIU.
- Individual (personalized) accounting information submitted to the Pension Fund of the Russian Federation belongs to the category of personal data. Their preparation, forwarding and processing is carried out in accordance with the current legislation on the protection of personal data.
- To submit a report to the PFR Department, one ES is required - the head of the organization.
- In accordance with the requirements of the Federal Law "On Electronic Signature" dated April 6, 2011 No. 63-FZ, the use of an ES by a person who is not its owner is unacceptable. Such actions entail the loss of the legal value of the signed document, the transfer of cryptographic keys to the category of compromised ones and the revocation of the corresponding certificate.
Services provided to policyholders:
|
Organization |
Technology |
Contact Information |
Note |
|
JSC CenterInform |
"Contour-Extern" |
Contact tel. 740-54-05 - Connection department |
|
|
CJSC "CERTIFICATION CENTER" |
PP "Komita-Report" |
Contact tel. |
|
|
LLC "Company" Tenzor " |
"SBS++ Electronic reporting" |
Contact tel. |
|
|
ARGOS LLC www.argos-nalog.ru |
EDMS "Argos - Taxpayer" |
Contact tel. |
|
|
Taxcom LLC |
PC "Sprinter" |
Contact tel. |
|
|
ZAO Kaluga Astral www.astralnalog.ru |
PC "Astral Report" |
Contact tel. 702-11-93, 309-29-23 |
|
|
KORUS Consulting CIS LLC |
PC "Sphere" |
Contact tel. |
|
|
LLC Certification Center GAZINFORMSERVICE http://ca.gisca.ru |
PC "Taxnet-Referent" |
Contact tel. 8-800-50-50-50-2 (toll free) |
|
|
LLC "Rus-Telecom" www.rus-telecom.ru |
"Courier" |
Contact tel. representative offices in St. Petersburg |
|
|
Electronic document management between organizations - how does it work? What documents can be exchanged electronically, how to draw up an agreement with a counterparty to establish electronic interaction, and what to write in the regulations? This will be discussed in our material. An important element of any electronic document management is an electronic document. In order to give a document created in electronic form a legally significant effect on both sides of the electronic document management, it is necessary to provide it with 3 important properties. The electronic document must:
If you and your counterparty have organized the generation of electronic documents according to established formats at your enterprises, it is necessary to technically ensure your electronic interaction with him. How to do it? In order for 2 separate systems to mutually and effectively exchange documents, it is necessary to prescribe all the nuances of the document flow in a special regulation. First of all, it is necessary to figure out which electronic documents should be signed with a simple electronic signature, and which ones with an enhanced one. Legally permitted types of electronic signatures are shown in the figure.
Documents of varying degrees of significance and confidentiality may participate in electronic document management with counterparties. For example, the most stringent requirements are imposed on electronic invoices: they must be signed exclusively by the UKEP and sent through the EDF operator (Order of the Ministry of Finance of Russia dated November 10, 2015 No. 174n). And for internal company documents, the use of UKEP is not mandatory. Therefore, the company itself decides with what signature this or that internal document will be signed. In the regulation on electronic document management, it is necessary to fix the procedure for signing electronic documents and outline the circle of responsible persons who have the right to sign them. After resolving all regulatory issues with counterparties, you need to select an EDI operator through which you will exchange electronic documents, and conclude an agreement with him. In addition, other tasks will need to be solved:
Exchange of documents in the form of scanned images: how and when it is possibleElectronic exchange between counterparties of documents in the form of their scanned images has been practiced in companies for a long time - since the appearance of various Internet mail services. This does not require any special programs or connection to EDI operators. However, the ease of use of this method of document exchange has a number of significant drawbacks:
This leads to a narrowing of the scope of this method of exchanging documents in electronic form between organizations. The exchange of scanned images is mainly used for those types of documents that are not legally significant for the company. And they are sent electronically to the counterparty only to speed up interaction (fulfillment of the terms of contracts or solving current business problems). At the same time, the paper original is sent in parallel by mail or courier service. When you need an application for connection to electronic document managementSometimes, for the purpose of external interaction with stakeholders, a company needs to issue a special form of an application for connection to an electronic document management system and a number of other documents. Most companies are faced with the need to issue such an application when submitting electronic reporting to the FIU. In this case, the participants in the electronic document flow will not be business partners, but the company and the off-budget fund. The application cannot be written in any form - its ready-made template can be found on the PFR website. It must contain the following data:
But one application for electronic interaction with the fund is not enough. It is also necessary:
The electronic information exchange of companies with the FIU makes it possible to provide personalized accounting information without visiting the fund, to identify and correct errors in reporting in a timely manner, and to solve a number of other tasks. For more information about electronic interaction with the FIU, see this material. The company itself determines how to switch to electronic document management with counterparties. But in any case, this is a negotiation process. A proposal to switch to electronic document management can be resolved orally, in the form of a written invitation from one of the business partners, or by signing a special agreement. In order to offer the counterparty in writing to establish electronic document management, you can send a letter to him. Sending out such letters helps a company with a large document flow to invite new and existing partners to electronic interaction. In the text of the letter in a concise form, you need to inform the counterparty:
A sample letter on the transition to electronic document management (excerpt) is presented below.
It is possible, without changing the text of the letter and substituting only the details of counterparties, to quickly inform them of your desire to organize a mutual electronic exchange of documents. Agreement on the exchange of electronic documents between legal entitiesCounterparties can prescribe the nuances of paperless interaction in a separate agreement on electronic document management. How to compose it? The legislation does not establish special requirements for the form and content of an agreement on electronic document management between legal entities. Therefore, its composition and content are determined by its participants. At the same time, it is necessary to observe the style and structure common for such documents (it is necessary to describe the subject of the agreement, the validity period, details of the parties and other issues). The figure below shows the main (possible) sections of such an agreement. To establish electronic interaction, it is necessary to agree on its nuances. This can be done verbally, by sending a letter and/or by signing a separate agreement. It will also be necessary to solve a number of related issues (prescribe the procedure for electronic document exchange, establish responsible persons, provide them with an electronic signature, etc.). Electronic document management (EDM) is fast way information exchange based on the use of electronic documents with virtual signatures. It has long won recognition in the developed countries of the world as an effective tool for operational business. essenceElectronic document management between organizations is a set of processes for creating, processing, sending, transferring, receiving, storing, using and destroying documents. All these processes are performed after checking the integrity and confirming the receipt of documents. The rules for the implementation of document circulation between legal entities are carried out by agreement of the parties. The exchange of information is carried out using telecommunication means, and documents are stored on electronic media. The period of storage of accounting information should not exceed that established by law. Organizations can exchange formal and informal documents with the signatures of participants among themselves. In the field of entrepreneurial activity, these can be: invoices, agreements, invoices, orders, notifications, powers of attorney, etc. Information can be transmitted in the form of text, tabular and graphic files. The purpose of the introduction of EDIA prerequisite for the introduction of EDI can be:
Quantitative goals include:
Electronic document management between organizations: how it worksIn accordance with domestic legislation, electronic document management between organizations is carried out by agreement of the two parties. For data exchange, it is necessary that all participants are connected to the equipment of one operator. Next, the user needs to send a request to be added to the list of counterparties. After confirming the request, system participants can exchange data. The EDI module will have to perform the following functions:
Electronic document management between organizations is carried out using certificates. Connection to the server and authentication is carried out through a personal digital certificate. An EDS is issued to each user of the system, stored on an electronic Token carrier and protected by a PIN code. The user must enter his login, password to the personal account. Only then will he have access to his documents. Any employee of the organization connected to the system can initiate the exchange process. Before sending the document to the counterparty, it must be signed in the digital signature. This operation is performed using the Cryptopro program. The document is sent via EDI. An employee of the counterparty receives a notification about the receipt of a new document. If he accepts it, then he also puts an EDS. If you need to make changes to the document, then a new one is created. electronic version. Upon completion of editing, you need to save all changes using the digital signature. Then the document with the change is sent to the counterparty. If necessary, electronic coordination of information is carried out. If you need to make changes again, then the whole procedure is repeated again. If there are no complaints about the new version, then the document is respected. The final sample is considered to be signed by two digital signatures. All versions of the document are stored on the server and are available for viewing. Once the sample is assigned the status of valid, it will not be possible to amend the document. Disrupted contracts are assigned the status "Cancelled". This is how electronic document management between organizations is carried out.
EquipmentWhat is needed for electronic document management between organizations? First, you need to select a telecom operator and install special software for information exchange. Secondly, with each counterparty with which the organization intends to conduct electronic correspondence, it is necessary to conclude an "Agreement on the exchange of electronic documents". It is also necessary to install an EDI server on which all documents will be stored. This can be both client equipment and "cloud" storage. Access to system data from the outside is carried out through an application that is installed on the equipment of employees of the organization. The interaction of computers with the server is carried out via the HTTP protocol with additional SSL 128 encryption. Access to documents is carried out only through the application interface and after authentication. EDI projectA process automation project can take anywhere from a few months to a few years. The term directly depends on the number of processes that need to be automated, the resource and financial capabilities of the organization. A brief scheme for the implementation of EDI is as follows:
Errors in the implementation of EDIIn the process, special attention should be paid to processes in which, by law, paper is required. You cannot duplicate a paper document electronically. This significantly slows down the work process and causes a negative attitude towards the automation process as a whole. No one pays extra for doing double work. In the process of implementation, it is necessary to develop a new procedure for working with documents, train staff, and only after that engage in full-fledged implementation. This can only be achieved if the benefits of using new technologies are communicated to employees. Another popular mistake is a weak study of the requirements for the EDMS. If users have to work in an unconfigured system, then the EDI process differs from that adopted in the organization. Electronic document management between organizations: pros and consAdvantages:
Flaws:
Legal regulationWhat regulations regulate electronic document management between organizations? The legislation of the Russian Federation includes Federal Law No. 63 "On Electronic Signature", the rules for submitting documents to the Federal Tax Service are prescribed in the order of the Ministry of Finance No. MMV-7-2 / 168. EDI between organizations is carried out on the basis of the order of the Ministry of Finance No. 50n. The rules for the exchange of primary accounting documents in electronic form are prescribed in the order of the Federal Tax Service No. ММВ-7-6 / [email protected] All EDF operators in the course of their activities must be guided by the order of the Federal Tax Service No. ММВ-7-6 / [email protected]
"SBIS"Electronic document management between organizations "SBIS" gives customers the following benefits:
SKB "Kontur"One of the first software developers in Russia also supplies equipment for electronic document management between organizations. "Kontur" has developed the Diadoc system, with the help of which the exchange of electronic documents is carried out. A feature of the system is that access to data can be obtained while abroad. The company has developed roaming tariffs especially for this purpose. If desired, mono access to data through the API.
What do you need?To connect EDI, an organization needs to buy:
Such investments need to be made in order to connect electronic document management between the organization? Inclusion in the cost of consulting technical support, updating the EDMS and software is the second stage of investment. These costs must be paid monthly. ConclusionPaper workflow is being replaced by electronic. It not only reduces the organization's process costs, but also increases the efficiency of the business as a whole. In order for EDI to function successfully, it is necessary to clearly formulate the goals of implementing the system and properly configure the equipment. Additionally, the conditions for amending this agreement, the procedure for considering disputes and various restrictions are indicated. At their discretion, companies add or remove some items, but large organizations paint all the details as fully as possible. This approach allows you to save time on discussing many issues that inevitably arise when connecting counterparties. And in the event of an unfavorable combination of circumstances and litigation, an exchange agreement will allow the court to quickly form an overall objective picture of this side of business cooperation. Electronically or on paper, and is an agreement needed at all? There is an opinion that without the conclusion of an agreement or an additional agreement, the exchange of electronic documents through the service will not have legal force. Electronic document management with counterparties: where to startAnd what is this procedure for the exchange of electronic documents? Which of the types of electronic signatures should an electronic document be signed? We would like to thank Olga Vladimirovna Saltykova, Chief Accountant of OOO Firma ANIS-98, Moscow, for the proposed topic of the interview. I.V. Murashkintsev: This order will be different for different documents. There are special, more stringent requirements for electronic invoices. Agreement on the exchange of electronic documents
Agreement with a counterparty for the legal exchange of electronic invoicesAn indication of the order in which electronic documents are stored will protect them from premature destruction. The order in which electronic documents are stored does not differ from the order in which paper documents are stored. So, electronic invoices must be stored for the period provided for the storage of paper documents (clause 1.13 of the Procedure for issuing and receiving invoices in electronic form via telecommunication channels using an electronic digital signature, approved by order of the Ministry of Finance of Russia dated 04.25.11 No. 50n). Recall that for accounting purposes, primary documents are kept for five years, and for taxation purposes - four years. But in practice, there are risks of losing the document (for example, in the event of a computer failure or in the event of a fire). Therefore, it is advisable to define the procedure for obtaining copies of documents from the counterparty in the agreement (see the expert's comment below). Agreement on electronic document management between legal entitiesAttention As a result, the court agreed that the disputed deductions were legally claimed. they contain corrections and distortions. Recall that corrections can only be made by agreement with the participants in business transactions. This must be confirmed by the signatures of those persons who signed the documents, indicating the date the corrections were made (letter of the Ministry of Finance of Russia dated 01.25.12 No. 07-02-06 / 9). Therefore, it is advisable to also indicate in the agreement the procedure for making corrections to electronic documents. In particular, indicate that the company is not entitled to make changes to the document unilaterally. 6. Important And it doesn't matter if you send invoices in paper or electronic form and whether you use the services of one or more operators. What is the approximate cost of sending and receiving an electronic document? I.V. Murashkintsev: A stable market price for these services is just being formed. Today it can be from 1 to 5 rubles. for sending one electronic document. Some operators additionally set a subscription fee. Receipt of electronic documents, as a rule, is free of charge. In any case, it is cheaper than sending documents by regular mail, especially over long distances. Plus, reducing the cost of printing and storing paper documents. According to the reviews of companies that have begun the introduction of electronic document management, savings in the transition to the exchange of documents with counterparties in electronic form can be about 2% of the company's gross turnover. This is wrong! The legal significance of the exchange is ensured by the current legislation in this area: compliance with regulatory legal acts, compliance with document formats and exchange regulations, use of a qualified electronic signature. The agreement is an indicator of the priority of the exchange of electronic documents in interaction with counterparties. You can sign the agreement itself, if it is decided to use it after all, on paper, if it is more familiar to the company. Whether it will be a separate document or a clause of the main contract, it does not matter. If the agreement is concluded electronically, then the easiest way is to contract the offer. In this case, the document is published on the website on behalf of the company and counterparties simply join the offer. The second option, of course, is an individual contract signed by the EP. Edo contract with a counterparty sampleA legal entity can agree orally or in writing with its counterparty and start exchanging legally significant electronic documents with him through Diadoc. To do this, it is enough for organizations to connect to Diadoc and sign a license agreement with SKB Kontur. At the same time, it is not required to conclude any additional agreement on EDI between the two counterparties.
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