DO I NEED TO USE A SEAL?

 Prikhodko & Partners Law Firm provides comprehensive legal support to businesses: both companies and individual individuals-entrepreneurs. At the same time, at the start of their activities, clients, in particular private individuals, often ask the question: "Do you need a seal in the conduct of business?"

 According to the current legislation of Ukraine, sole proprietors have the right to work without a seal. Moreover, starting from 2017, seals are not mandatory for legal entities. According to the Laws of Ukraine on simplification of the procedure for opening a business dated 15.04.2014 №1206-VII and on the use of seals by legal entities and individuals - entrepreneurs dated 23.03.2017 № 1982-VIII, the presence of a seal for all business entities has become a right only.

 Article 58-1 of the Commercial Code of Ukraine explicitly stipulates that the use of a seal by a business entity (sole proprietorship or business association) is optional, and therefore its absence on a specific document does not create negative legal consequences. In addition, its imprint cannot be a mandatory requisite of the document issued or drawn up by it. In addition, public authorities may not require a notarized copy of the document, as it is sufficient that such a copy be certified by the signature of the head. In addition, the certification of the copy is accompanied by the affixing of the inscription "according to the original", the date and position and name of the signatory.

 By the above-mentioned law, in 2017, the Code of Administrative Offenses was supplemented by Article 166-24, which establishes the responsibility for demanding by an official of any body to affix a seal to a document. These actions have a legal consequence (sanction) in the form of a fine of 850 hryvnias to 1700 hryvnias. There is also criminal liability for acts concerning seals: Article 158-3 of the Criminal Code of Ukraine (theft, damage, concealment, destruction of seals), Article 357 of the Criminal Code of Ukraine (theft, misappropriation, extortion of seals, as well as their seizure), Article 358 of the Criminal Code of Ukraine seals).

 However, the document certified by the seal looks more solid and presentable, so if you want to have such an attribute - you can easily order a seal of any design. By the way, earlier the seal was kept, they were made and destroyed in the order determined by the legislation. Production of the seal takes place without submission of any documents and quickly enough. However, do not forget that the presence of the seal does not protect 100 percent from counterfeiting.

 Therefore, we always recommend our clients to make and use the seal in their business activities, as this rejects unnecessary questions from contractors and gives each document "external formality".

 If you have any questions or need to provide legal services, contact the law firm "Prikhodko and Partners", we will be happy to become your legal advisor and partner.