Decree No. 317 / 2021 Coll.
Government regulation on the procedure of notary in legalizing electronic signature
Valid
Regulation
Effective from 01.09.2021
Text versions:
01.09.2021
31.08.2021
317
GOVERNMENT REGULATION
of 23 August 2021
on the procedure of the notary in the legalisation of electronic signature
The Government orders the implementation of § 74a (4) of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 300 / 2021 Coll.:
Subject matter
This Regulation lays down the format and formalities of the document in electronic form for which the electronic signature can be legalized and the procedure for the implementation of the legalisation on the document in electronic form.
Format and formalities of the document
(1) The document signed by an electronic signature to be legalized must be in the Portable Document Format format version 1.3 or higher, or in the Portable Document Format / Archive format, and the notary or his staff in charge of notarial orders 1 (hereinafter the "notary"), accept it by means of:
a) Data storage of electronic application of the Central Information System of the Notary Chamber of the Czech Republic,
(b) electronic mail; or
(c) data boxes.
(2) A notary cannot accept a document via a portable technical data carrier.
(3) A document signed by an electronic signature to be legalized shall not contain a malicious code which is capable of causing damage to the Central Information System of the Notary Chamber of the Czech Republic or to the software of the notary who regulates it.
(4) The electronic signature on the document must be visible unless it is an electronic signature based on a certificate.
(5) If a document fails to comply with the requirements of paragraph 1, 3 or 4, or if a document integrity breach is detected, the notary shall not legalise.
Procedure for implementing legalisation on a document in electronic form
(1) A notary shall attach a verification clause signed by a qualified electronic signature of the notary to a document satisfying the requirements of Article 2 and shall attach a qualified electronic time stamp to the electronic signature. The verification clause shall be linked to the electronically signed document by means of the container in the Associated Signature Containers - Extended (ASiC-E) format so as not to breach the integrity of the document on which the electronic signature is legalized.
(2) The document on which the legalisation was carried out shall be transmitted by the notary to the applicant after its implementation. Paragraph 2 (1) and (2) shall apply mutatis mutandis to the method of transmission.
Efficacy
This Regulation shall enter into force on 1 September 2021.
Prime Minister:
Ing. Babiš v. r.
Minister of Justice:
Mgr. Benešová v. r.
1) Articles 19 and 23 and Article 26 (1) of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended.
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Regulation Information
| Citation | Government Decree No. 317 / 2021 Coll., on the practice of notary in legalizing electronic signature |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.2021 |
|---|---|
| Effective from | 01.09.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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