Qualified signature on a token for a person residing outside of the territory of Poland - Doradcy365

What does a qualified signature provide?

A qualified signature is one type of electronic signature. Its use to sign documents has the same legal effect as a traditional handwritten signature. In practice, this means that an electronic document signed in this way no longer requires a paper version. In order for a qualified signature to be used legally, it must be certified with an appropriate certificate for an electronic signature.

Qualified signature for a person who stays outside of the Polish borders.

A qualified signature is recognized throughout the European Union. Such an e-signature may be applied for not only by Polish citizens but also by foreigners who are not Polish citizens. It is also possible to obtain the signature in Poland for persons from outside the EU area.

Documents required.

In order to obtain an e-signature, you will need a document which is an identity card or a passport. The country of origin of the foreigner is an absolute must. Foreigners from EU countries and those within the Schengen Area may present an identity card or a passport. On the other hand, foreigners from other countries will require a valid passport.
It should be remembered that the qualified certificate contains such data as: first and last name and an identification number. This number can be a personal number, i.e. PESEL, identity card number or passport number. The foreigner must indicate which identifier number is to be included in the certificate. Indicating the appropriate identifier may be important for communication with the Polish public administration.

Qualified signature without coming to Poland.

In such a situation it is possible to confirm the identity with the help of a local notary public from the country where the foreigner is currently residing. If the foreigner has a qualified signature from another, foreign trusted service provider, EuroCert can confirm the foreigner’s identity remotely. This procedure can be done 100% online. Let’s follow both paths to obtain a qualified signature.

Obtaining a qualified signature with the help of a notary public.
In this case, the foreign person must first fill out an electronic application provided by EuroCert. Then, with an identity document (ID card or passport) and the prepared agreement, one should go to a notary public in order to have one’s handwritten signature and personal details certified. In some cases it will be necessary to obtain Apostille or legalization of the document. If the foreigner is outside the European Union, he/she may also go to the Polish embassy to have the signature on the agreement certified. In this situation it will be done by a consul. If the notary prepares the certification in a language other than Polish or English, it will be necessary to translate the document. In that case you should deliver the certified translation to EuroCert together with the original document.

Obtaining a qualified signature using a signature from another provider.
If a foreigner has a qualified signature from a foreign provider, he/she may obtain a qualified signature in Poland. In that case it will be necessary to fill in an electronic application from EuroCert. Then the foreigner signs the contract with the Polish provider using the active qualified signature that he/she already has. This procedure is much faster than the procedure involving a notary public. Regardless of the method of obtaining the e-signature, it is worth remembering that if the foreigner is a very busy person or does not speak Polish or English, an attorney may help him/her obtain a qualified signature.