A digital signature greatly simplifies a number of procedures for foreigners in Ukraine. Find out who can obtain an electronic signature, what documents are required, and how the procedure works

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A qualified electronic signature (QES) is an encrypted version of a person's signature that has legal force and allows signing (legalizing) documents. In addition, the QES allows you to easily identify a person (including a non-resident of Ukraine).

So, who can obtain a digital signature, how to do it, and what foreign documents need to be collected - let's find out further in the article.

Can a foreigner obtain an electronic signature in Ukraine?

Yes, but only if the foreigner is located in Ukraine and has a representative office or holds a managerial position and works with international technical assistance projects/programs.

Please note! Some Ukrainian banks offer the option of obtaining a CEP for clients. That is, if a foreigner has already passed identification and verification and has an account with a Ukrainian bank, he or she can obtain a digital signature remotely. For more information, please contact the representatives of the bank where the account is opened.

It should be noted that on November 25, 2022, Resolution No. 1311 "On the Implementation of a Pilot Project on Mutual Recognition of Electronic Trust Services between Ukraine and the European Union" came into force. This means that foreign QESs are recognized as qualified electronic trust services and QESs in accordance with the Law of Ukraine "On Electronic Trust Services", provided that they are provided by qualified electronic trust service providers in the Member States of the European Union and other Member States of the European Economic Area included in the List of Trust Lists of the European Union.

Please note! The conditions for obtaining a CEB for citizens of different countries may differ depending on the applicable international agreements. You can get qualified advice on entering and staying in Ukraine and the documents required for this from our team of lawyers. To request a consultation, please follow the link.

Does a foreign electronic signature have legal force in Ukraine?

The Law of Ukraine "On Electronic Trust Services" provides for two exceptions in which a foreign electronic signature may be recognized in Ukraine:

1. If the Ukrainian authorized body recognizes that the foreign service provider (which issued the QES) meets Ukrainian requirements (in accordance with the law);

2. If there is an international agreement under which Ukraine includes certain foreign service providers in its register.

However, even taking into account the resolution adopted in 2022, none of these points are currently being fulfilled, and the above project is currently operating in an experimental mode.

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Where can a non-resident of Ukraine get a QES?

According to the published information on the website of the State Tax Service of Ukraine, foreigners (non-residents of Ukraine) can obtain an ETS at the separate registration points of the Qualified Electronic Trust Services Provider of the Information and Reference Department of the State Tax Service of Ukraine.

What documents does a foreigner need to obtain a QES?

According to the Central Interregional Department of the State Tax Service for Large Taxpayers, a non-resident of Ukraine (foreign legal entity/organization) must provide the following documents:

● Registration card for a legal entity - 2 copies (fully completed and signed). Please note that in case of simultaneous receipt of an EDP for several persons, it is also necessary to provide an annex to the Registration Card - 2 copies;

● An extract from a foreign register on the registration of the relevant company, organization or the original (or a notarized copy) of the constituent document of such a legal entity. Please note that constituent documents and extracts drawn up in a foreign language must be consularly legalized or apostilled;

● Original and certified copy* of the certificate in the form No. 34-OPP on registration of a taxpayer, the information on which is not subject to inclusion in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations; 

● Certified copies** of documents confirming that the applicant (except for the director) belongs to a non-resident legal entity and its powers (if necessary, with a notarized translation into Ukrainian);

● Original and certified copy* of the work permit for foreigners and stateless persons or service card (if any); 

● Original and certified copy* of the passport with a notarized translation into Ukrainian or other document certifying the identity of a foreigner or stateless person in accordance with the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" (for individuals - foreigners or stateless persons); 

● Code (record number) from the Unified State Demographic Register (if available); 

● Original and a certified copy* of the document on change of the applicant's surname issued by the relevant state authority (if there is a discrepancy in the submitted documents);

● A certified copy* of the registration number of the taxpayer's account card (identification number).

*- a note on the certification of a copy of the document consists of the words "According to the original", personal signature, initials and surname, date of certification of the copy.

**- a note on the certification of a copy of the document consists of the words "According to the original", the position title of the employee responsible for making, certifying and issuing copies, his/her personal signature, initials and surname, the date of certification and is sealed with a stamp (if any).

We remind you! When planning a trip to Ukraine, foreigners face a lot of questions about the rules of entry and stay in the country. Find answers to the most frequently asked questions from our team of migration lawyers in our previous article.

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