eSignature Legality
in Kazakhstan
Kazakhstan recognizes the use of Electronic Signatures and considers documents executed electronically same as documents executed in written form with traditional wet signatures
Governing Regulation:
The following laws are vital to enforce the validity, legality and admissibility of eSignatures in Kazakhstan:
- Civil Code of the Republic of Kazakhstan
- Law of the Republic of Kazakhstan on Electronic Document and Electronic Signature
The Law of the Republic of Kazakhstan unambiguously endorses that electronic documents authenticated by “electronic digital signatures” are equivalent to handwritten documents. The law further extends safeguards to such documents signed electronically, and conveys that such documents cannot be denied enforceability merely because they are concluded electronically. In certain cases, the parties will be required to present evidence in court to prove validity of such documents and will be assessed by the courts on case to case basis
Documents than can be eSigned in Kazakhstan:
- Commercial agreements between corporate entities
- NDAs
- Procurement documents
- Sales agreements
- Consumer agreements
- Purchase and sales contracts
- Court documents submitted electronically
The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This “new normal” has concentrated more attention on electronic means of transactions. The “new normal” in the age of Covid-19 proceeds to facilitate the use of eSignatures.
Documents that cannot be e-signed in Kazakhstan:
- Documents that require notarization
- HR documents
DISCLAIMER
Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly and Certinal makes every reasonable effort to keep the content of this article current, hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance; you must seek independent legal advice.
