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airSlate SignNow Electronic signature Document Now. Check out by far the most customer-pleasant knowledge of airSlate SignNow. Handle all of your file processing and expressing system electronically. Move from portable, pieces of paper-based and erroneous workflows to automated, digital and faultless. You can easily create, deliver and sign any documents on any product everywhere. Ensure that your crucial company circumstances don't move over the top.
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FAQs
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What it is the legal framework in India regarding electronic signatures?
Contrary to common notion, electronic signatures have been valid in India, since year 2000, under the Information Technology Act (IT Act).As per the IT Act, two types of signatures have the same legal status as handwritten signatures. These primarily include:(i) Digital Signatures: In this case, the signer is issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that can be used along with a personal PIN to sign a document.Note: Previously, the signer was issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that could be used along with a personal PIN to sign a document digitally. Now with Aadhaar, that complicated procedure isn’t required anymore. You can simply use signNow’s Aadhaar eSign to create a digital signature on the fly using your Aadhaar ID(ii) Electronic signatures: These electronic signatures combine Aadhaar identity number with an electronic Know-Your-Customer (eKYC) method (which includes sending an One-Time-Passcode to the mobile number linked to the Aadhaar card for verification)These Aadhaar based e-signatures and digital signatures are valid as long as they satisfy these conditions:(i) Electronic signatures must be uniquely linked to the person signing the document. (in the case of Aadhaar based signatures, they are linked by the unique Aadhaar ID)(ii) At the time if signing, the signatory must have control over the data used to generate the electronic signature (for eg: they should be able to directly affix the electronic signature to the document)(iii) There should be an audit trail of the steps taken during the signing the process(iv) In the case of digital signatures, signer certificates must be issued by signNowing Authority recognized by the Controller of signNowing Authorities appointed under the IT Act.Currently government authorities such as Ministry of Corporate Affairs, Department of Revenue, and Ministry of Finance are all accepting electronic records using electronic signatures.Looking to sign documents legally in minutes?If you are looking to get legally compliant electronic signatures on contracts, invoices, quotes etc., try signNow, India’s first Aadhaar eSign solution that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go.
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Is an e-signature legally valid and treated as valuable as an original signature in the court of law in India?
Everyone knows that India is becoming digital and great initiatives have been taken by our PM. E-Signatures are legally valid in India, and businesses can use it without any doubt.Requirements for validityThe Information Technology Act, 2000 provides for the adoption of e signatures and acknowledges two forms of e-signs as having similar legal acceptance as pen-and-paper signatures. These forms specifically acknowledged under the IT Act include:E signatures which incorporate an Aadhaar ID with an electronic Know-Your-Customer (eKYC) method.Digital signatures which are created by an “asymmetric crypto-system and hash function”. For such signatures, the signer is usually issued a long-term certificate-based digital identity number, stored on a USB token, which is used to place a sign on a document.For the above forms of electronic signatures to be legitimate, they must satisfy these further conditions.The signatory of the e signature must be uniqueAt the point of signing, the signatory should be in control of the data employed to generate the e-sign.Any tamper with the signature, or the form to which the signature is placed, must be easily detectable.There must be an audit trail of procedures followed during the signing process.Signer certificates should only be granted by the signNowing Authority.If all these conditions are followed, then there is an obvious legal belief in favor of the legality of any document signed using e-signatures.However there are some documents which Indian law prohibits to be signed electronically. Here is the list of it.Any document listed by the government of India on the official gazettePower of attorneyTrust deedsA will and other forms of testamentary dispositionNegotiable documents such as bills of exchange, drafts, promissory notes and moreDocuments involving any sale of immovable property such as real estateTo learn more about technical and legal overview of electronic signatures in India, Read this article - Electronic Signatures India - Technical & Legal Overview | signNow
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Can businesses sign contracts digitally in India using signNow's EchoSign service? Are they enforceable in a court of law in India
Businesses can sign contracts electronically in India using signNow's EchoSign service but it would be advisable to use digital signatures over electronic signatures. What is signNow's Echosign service? signNow's Echosign service provides [ https://www.echosign.signNow.com/en/how-it-works.html ] user a platform to sign manually on a touch-based device and conduct transactions electronically. The signature thus provided is an electronic signature (e-sign). signNow clarifies [ https://www.echosign.signNow.com/en/support/knowledgebase/Is_an_EchoSign_Signature_a_Digital_Signature.html ] that Echosign is an electronic signature and not a digital signature. How is it different from a digital signature? An electronic signature signifies electronic authentication of electronic records [See Section 2(ta) of the IT Act, 2000 on Amendment to the IT Act, 2000 [ http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf ]]. An electronic signature comprises all signNow electronic techniques that can be used to authenticate a document. A digital signature, on the other hand, is a kind of electronic signature that employs asymmetric crypto systems and hash functions to envelop and transform the e-record into another e-record. It is more secure and reliable. [See Section 2(p) and Section 3 of the IT Act, 2000 [ http://www.dot.gov.in/sites/default/files/itbill2000_0.pdf ]] Are electronic signatures legally valid in India? While digital signatures issued by licensed signNowing authorities [ http://cca.gov.in/cca/?q=licensed_ca.html ] in India are wholly valid and recognized, electronic signatures may or may not be considered reliable. According to Section 3A: [ http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf ] %3E Electronic Signature.- (1) Notwithstanding anything contained in section 3, but subject to the provisions of subsection (2) a subscriber may authenticate any electronic record by such electronic signature or electronic authentication technique which- (a) is considered reliable ; and (b) may be specified in the Second Schedule (2) For the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if (a) the signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or , as the case may be, the authenticator and of no other person;(b) the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person;(c) any alteration to the electronic signature made after affixing such signature is detectable; (d) any alteration to the information made after its authentication by electronic signature is detectable; and(e) it fulfills such other conditions which may be prescribed.(3) The Central Government may prescribe the procedure for the purpose of ascertaining whether electronic signature is that of the person by whom it is purported to have been affixed or authenticated(4) The Central Government may, by notification in the Official Gazette, add to or omit any electronic signature or electronic authentication technique and the procedure for affixing such signature from the second schedule; Provided that no electronic signature or authentication technique shall be specified in the Second Schedule unless such signature or technique is reliable (5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.] In simple terms, while digital signatures issued by licences CAs are ipso facto valid, other kinds of electronic signatures (including signNow Echosign), to be considered valid, will have to prove themselves to be reliable as per Section 3A(2). Such reliable electronic signatures (including digital signatures) are legally recognized as per Section 5 in the Amendment to the IT Act, 2000 [ http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf ]: %3E Legal recognition of electronic signatures: Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person (hence, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of electronic signature affixed in such manner as may be prescribed by the Central Government.Explanation.—For the purposes of this section, "signed", with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression "signature" shall be construed accordingly. What should you do? You may sign using signNow Echosign but in case of a dispute, it might be difficult to prove the authenticity of the document. If you transact electronically on a regular basis, it is highly recommended that you obtain [ http://cca.gov.in/cca/index.php?q=faq-page#n39 ] a digital signature certificate from one of the 6 recognized signNowing authorities.
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Is electronic signature legally binding in India?
Yes, e-signatures are legally valid in India. In fact, e-signatures have been recognized by the Indian law, with the passage of the Information Technology Act in year 2000.As per the IT Act, two types of signatures have the same legal status as handwritten signatures. These primarily include:(i) Digital Signatures: In this case, the signer is issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that can be used along with a personal PIN to sign a document.Note: Previously, the signer was issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that could be used along with a personal PIN to sign a document digitally. Now with Aadhaar, that complicated procedure isn’t required anymore. You can simply use signNow’s Aadhaar eSign to create a digital signature on the fly using your Aadhaar ID(ii) Electronic signatures: These electronic signatures combine Aadhaar identity number with an electronic Know-Your-Customer (eKYC) method (which includes sending an One-Time-Passcode to the mobile number linked to the Aadhaar card for verification)These Aadhaar based e-signatures and digital signatures are valid as long as they satisfy these conditions:(i) Electronic signatures must be uniquely linked to the person signing the document. (in the case of Aadhaar based signatures, they are linked by the unique Aadhaar ID)(ii) At the time if signing, the signatory must have control over the data used to generate the electronic signature (for eg: they should be able to directly affix the electronic signature to the document)(iii) There should be an audit trail of the steps taken during the signing the process(iv) In the case of digital signatures, signer certificates must be issued by signNowing Authority recognized by the Controller of signNowing Authorities appointed under the IT Act.Few of the exceptional cases in which documents cannot be signed electronically and must be executed using traditional handwritten signatures include:(i) Negotiable instruments such as a bill of exchange or a promissory note(ii) Powers of attorney(iii) Trust deeds(iv) Wills and any other testamentary disposition(v) Real-estate contracts such as leases or sales agreements.If you are looking to get legally compliant electronic signatures on contracts, invoices, quotes etc., try signNow, India’s first Aadhaar eSign solution that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go.Here’s an informative ebook that will give you a brief overview of everything you need to know about electronic signature laws in some of the largest economies around the world: The Complete Guide to Electronic Signature Laws
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What is electronic signature?
An electronic Signature is a digital form of a traditional wet ink signature. It provides secure and seamless signing transaction providing the full user authentication. The documents signed electronically are more secure and tamper-proof. The Information Technology Act provides legal recognition to the electronic signatures.MSB Smart Document Solution provides both electronic as well as digital signatures. Any type of document electronically signed via MSB is legally binding as it meets all the legal standards across the globe. For more electronic signature information, please check this link.
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What is digital signature?
What is a Digital Signature Certificate?A digital signature is a mathematical scheme that validates the integrity or authenticity of a given digital document or digital message. Digital signature certificates are the electronic or digital equivalent of paper certificates. Digital signature certificates validate your digital signature and for affixing digital signatures to e-documents digital signature certificates are required. Generally certificates are used to prove the identity of a person for particular purpose like driving license or passport or pan card or others. Similarly digital signature certificates are used to prove the identity of the person digitally to avail information or services on the internet and to sign certain documents digitally.Check Here : Digital Signature Certificate PriceWhat are the types of Digital Signature Certificates?There are three types of digital signature certificates depending on the validation of identity and type of use. They are:Class I DSC – Individuals get it for validating the email identification of the users and in situations where risk is minimal and here the signature is stored in software.Class II DSC – Business organizations or individuals use this digital signature certificate to validate the information given by the subscriber in the application against the information available in a trusted consumer database and in other such situations where security risk is moderate. In this case a hardware cryptographic device is used for storing the signature.Class III DSC – This digital certificate is directly issued by the signNowing authority and it is required that the person applying for DSC must be present at the signNowing authority’s premises and prove his/her identity in front of the authority and the security risk involved in this case is very high. In this case also a hardware cryptographic device is used for storing the signature.How to get a Digital Signature?A licensed authority also called as Certification Authority (CA) that has been granted the license to issue digital signature certificates by the Government of India can issue digital signature certificate under the Information Technology Act 2000. You should pay a specified fee and submit certain documents for obtaining DSC from CA. The e-KYC documents will fetch your DSC on the same day from CA. The documents are:Self-attested PAN card as identity proof.Voter ID card or driving license or passport or latest utility bill as address proof.The Necessity of Digital Signature CertificatesFor e-filing of the income tax returns by any individual, the Government of India has made it mandatory to affix digital signatures to the income tax returns documents. For affixing the digital signature one must have digital signature certificates issued by licensed certification authority.In addition, Ministry of Corporate Affairs has set the mandatory guidelines for the companies directing them to file all reports, applications and forms using a digital signature only and this again requires a digital signature certificate.For GST also a company must verify its GST application by affixing a digital signature using digital signature certificate in order to get registered for GST.These days many Government procedures, filling different applications, amendments and forms require digital signatures made by using digital signature certificates.Benefits of Digital Signature CertificatesSaves Money & Time: As there is no need of physical presence you can digitally sign your PDF files and other documents using DSC anywhere & anytime. You need not sign your paper documents and then scan them to send them across through internet if you follow the above given option. You can save the money which would otherwise be spent on printing and scanning the document. You can also go green by saving paper.Secured Data: The digitally signed documents are tamper proof as the digital signatures are secured with a private key and public key and they cannot be edited after digitally signing the document.Authentic: Digitally signed documents are authentic and the receiver can be completely sure about the sender’s identity and integrity. The receiver can easily execute the information in the document without worrying about the document being forged.What is the Validity of Digital Signature Certificates?The digital signature certificates in India issued by licensed signNowing authority approved by Ministry of Information & Technology are valid in India as per the ‘Information Technology Act 2000’. The DSC’s come with an explicit starting date & explicit expiration date. Usually the expiration time for standard digital signature certificates issued by CA will be from 1 year to 2 years. The digital signature certificates are managed by Certificate Revocation List (CRL) based on expiration date. An Indian national can have two DSC’s, one for his personal identification and another one for official identification.Check Here : Digital Signature Certificate Price
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What is the procedure for opening an IT firm?
It is same for all types of businesses:Ministry of Corporate AffairsTo register a company, you need to first apply for a Director Identification Number (DIN) which can be done by filing eForm for acquiring the DIN. You would then need to acquire your Digital Certificate and register the same on the portal. Thereafter, you need to get the company name approved by the Ministry. Once the company name is approved , you can register the company by filing the incorporation form depending on the type of company (Use quick links available on left panel in case steps are known)Step 1 : Application For DIN The concept of a Director Identification Number (DIN) has been introduced for the first time with the insertion of Sections 266A to 266G of Companies (Amendment) Act, 2006. As such, all the existing and intending Directors have to obtain DIN within the prescribed time-frame as notified. You need to file eForm DIN-1 in order to obtain DIN. To get more information about the same click Director Identification Number Step 2 : Acquire/ Register DSCThe Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the companies under MCA21 e-Governance programme are required to be filed with the use of Digital Signatures by the person authorised to sign the documents. Acquire DSC -A licensed signNowing Authority (CA) issues the digital signature. signNowing Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000.Register DSC -Role check for Indian companies is to be implemented in the MCA application. Role check can be performed only after the signatories have registered their Digital signature certificates (DSC) with MCA. To know about it click Register a DSCStep 3 : New User RegistrationTo file an eForm or to avail any paid service on MCA portal, you are first required to register yourself as a user in the relevant user category, such as registered and business user. To register now click New User RegistrationStep 4 : Incorporate a CompanyApply for the name of the company to be registered by filing Form1A for the same. After that depending upon the proposed company type file required incorporation forms listed below.Form 1 : Application or declaration for incorporation of a companyForm 18 : Notice of situation or change of situation of registered officeForm 32 : Particulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a managing director or director or manager or secretary of a company and/ or undertaking to take and pay for qualification sharesOnce the form has been approved by the concerned official of the Ministry, you will receive an email regarding the same and the status of the form will get changed to Approved. To know more about eFiling process click "All About eFiling"
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