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» Agreement on the exchange of electronic documents of the organization with the Pension Fund. Agreement with the Pension Fund on electronic document management - download sample

Agreement on the exchange of electronic documents of the organization with the Pension Fund. Agreement with the Pension Fund on electronic document management - download sample

Ekaterina Mikheeva
February 28, 2018 3:31 pm

The internal document flow of most companies has long been automated; by what means and how deeply is another question, but there is no longer any need to prove the advantages of working with electronic documents. Today, business is interested in “paperless” interaction at the inter-corporate level, and the most important thing in this matter is to agree with the counterparty on a new exchange procedure.

In this process, it is important to take two steps forward:

  1. Provide information about electronic exchange to counterparties.
  2. Give legal significance to electronic exchange.

Informing. Hey, contractors!

First of all, it is necessary to inform partners about the possibility of transmitting documents electronically through the EDI service.

Mass work

Of course, no one will force partners to a new format of work without explanation. At the first stage, as a rule, the initiators of the transition to electronic exchange send out mass mailings of letters inviting them to start the exchange, and publish relevant press releases on the website. But all the details are already discussed during personal meetings or telephone conversations.

Example of news about the transition to electronic document management

Individual invitation

The EDF operator himself can help in inviting counterparties, especially if we are talking about a strategically important partner. If necessary, business meetings with presentations are held, individual improvements, integration and technical solutions are discussed.

Organizational consolidation, or where to download a sample agreement on electronic exchange of documents?

The next step is to ensure an organizational procedure for exchanging documents electronically. Although this measure is not at all mandatory, a clear understanding of the processes and orientation in terms is not superfluous. As a rule, companies enter into an agreement or agreement for the exchange of electronic documents or add an additional clause to the existing agreement.

There is no need to prepare a new document yourself; just request a template of an agreement or contract from your EDF operator. Most often, standard documents are already posted on their websites, as is done with Synerdocs; you just need to download and enter your data.

Example of an electronic exchange clause

The agreement must contain information about the conditions and procedure for electronic document management: what documents and in what format are transmitted through the service, the type of electronic signature, which companies are selected as the EDF operator(s). Additionally, the conditions for making changes to this agreement, the procedure for considering controversial issues and various restrictions are indicated.

Companies add or remove some items at their discretion, but large organizations describe all the details as completely as possible. This approach allows you to save time on discussing many issues that inevitably arise when connecting counterparties. And in the event of an unfavorable combination of circumstances and legal proceedings, an exchange agreement will allow the court to quickly form an overall objective picture of this aspect of business cooperation.

Electronically or on paper, and is an agreement necessary at all?

There is an opinion that without concluding a contract or additional agreement, the exchange of electronic documents through the service will not have legal force. This is wrong! The legal significance of the exchange is ensured by the current legislation in this area: following legal acts, compliance with document formats and exchange regulations, use of qualified electronic signature.

An agreement is an indicator of the priority of the exchange of electronic documents in interaction with counterparties. If you decide to use it, you can sign the agreement itself on paper, if that’s more common for the company. Whether this is a separate document or a clause of the main agreement does not matter.

If the agreement is concluded electronically, then the easiest way is an offer agreement. In this case, the document is published on the website on behalf of the company and the counterparties simply join the offer. The second option, of course, is an individual agreement signed by an electronic signature.

In order to facilitate the work of an accountant, in particular, to connect document flow with the Pension Fund of Russia, it is necessary to perform a number of actions: fill out an application for connection to the electronic document flow of the Pension Fund and an agreement with the Pension Fund on electronic document flow 2019. Read more about these subtleties in the material.

Due to the very intense information flow, it is very important to optimize the work of an accountant. One of the ways to achieve this goal is to connect to electronic document management with the Pension Fund. The advantages of such interaction are obvious - there is no need to visit the Pension Fund and submit reports, in addition, there is an opportunity to quickly identify and correct errors.

Digital document flow with the Pension Fund is safe. By law, all information involved in document flow cannot be transferred to third parties.

What is needed to connect electronic document management

To begin document flow with the Pension Fund, an organization must fill out the following documents:

  • application for connection to electronic document management in 3 copies;
  • agreement on connection to electronic document management in 2 copies.

The above documents must be submitted to the branch of the Pension Fund, with which, in fact, the agreement will be concluded. They can be provided either by the manager or another person on the basis of a power of attorney from this organization. The power of attorney can be drawn up in any form; it must contain information that this individual has the right to deliver and receive documents related to the registration of connection of electronic exchange of papers with the Pension Fund. Such a power of attorney must be signed by the director, and the seal of the insured organization must also be affixed to it.

Before filling out the application and agreement, it is necessary to decide on the choice of an accredited certification center or its authorized representatives, who will take care of the technical side of connecting via telecommunication channels. For today, more than enough.

As for the agreement on connection to the electronic exchange of documents, its form can be downloaded on the Pension Fund website.

How to fill out an application for electronic document management with the Pension Fund of Russia

The essence of the statement is that the insurer intends to establish an exchange of documents with the Pension Fund. In the header of the application you must indicate which branch you are submitting the application to, and below - the date from which you need to activate the service. Then fill in the following information:

  • name of company;
  • TIN, checkpoint;
  • registration number in the Pension Fund of Russia;
  • information about the bank in which this organization is serviced;
  • legal and actual address;
  • average number of employees.

After the information about the legal entity has been filled in, it is necessary to enter information about the selected certification center or its authorized representative.

Finally, the applicant signs and stamps the document, thereby confirming his acceptance of the terms.

After receiving the application, department employees must provide an Agreement on connecting electronic document management via telecommunication channels. This document must also be completed. The Pension Fund may spend from one week to a month to review the application. If there are errors in the policyholder's details, the application will not be accepted.

Agreement on connection to electronic document management with the Pension Fund of Russia

Employees of the Pension Fund will return an incorrectly filled out form for correction, so be careful. If you received a form from the Pension Fund, then usually the details of the desired department department have already been filled out. If you downloaded the Agreement on connecting to electronic document flow without the Pension Fund details, then you need to write down the name and contact information of the fund branch where you applied. It is also necessary to fill in all the information of the policyholder. After this, you need to sign the document and put a stamp. A sample header for this document is shown below.

Please note: the Agreement on connecting to the electronic exchange of documents of the Pension Fund states that you can count on exchanging information with the Pension Fund via the Internet, fax and other modern communication systems. After receiving all documents, the department can consider them from two weeks to a month.

Attention! When moving to another special operator, the contract must be re-signed. It happens that not all UPFRs require renewing the agreement, but according to the regulations this must be done.

Once the applicant receives back signed copies of the application and agreement, you can begin setting up the program that encrypts and transmits the data to the pension insurance department. Once the procedure is completed, the exchange can begin.

Sample of filling out an Application to the Pension Fund for connecting electronic reporting

Standard form application

Electronic document management is a modern, developing data exchange system. Its main advantages:

  • Provided high accuracy and reliability of accounting and control of the flow of documentation. Confidentiality is guaranteed when transferring data.
  • Reporting can be sent at any time, regardless of the time of day, holidays and weekends. The only condition is that it be sent from the insured’s workplace.
  • The system provides the ability to repeatedly quickly correct errors that were detected by the Pension Fund of Russia in the submitted reports.
  • There is no need for an enterprise accountant to visit the Pension Fund of Russia.
  • After sending the report, the policyholder is sent information about the results of its receipt in electronic form.
  • An enterprise can create an electronic archive of all documents from the Pension Fund, which is much more convenient than paper formats.
  • The time for submitting documents is significantly reduced.

Information that is transmitted via telecommunication channels and submitted to the Pension Fund is confidential. It is prepared, transmitted and processed in accordance with current legislation on the protection of personal data. In order to send a report to the Pension Fund, one electronic signature (ES) is required - that of the head of the enterprise. Only the owner of the digital signature has the right to use it.

Exchange of informal documents

The use of telecommunication channels allows you not only to submit reports, but also to exchange informal letters in the form of attachments with electronic signature. The service for informal document flow with the Pension Fund of the Russian Federation is called “PFR Letters”. It allows you to conduct correspondence of legal significance in electronic format.

Procedure for concluding an agreement on electronic document management with the Pension Fund of Russia

To sign an agreement on the exchange of documents in electronic format with the Pension Fund of the Russian Federation, an organization must prepare the following package of papers:

  • Application to the Pension Fund for connection to reporting in electronic form. This document must be drawn up in triplicate.
  • Agreement on e-document flow on a 2018 form. The form can be downloaded from the official website of the Pension Fund. The agreement must be drawn up in two copies. One should be kept by the applicant company, and the second remains in the Pension Fund.
  • Power of attorney in case the documents are drawn up not by the manager, but by another specialist (chief accountant, lawyer). This paper is drawn up in free form and must be certified by the signature of management and the seal of the company.

The specified documents are transferred to the PFR unit located at the location of the organization. The specialist responsible for organizing the exchange of electronic documents must accept the entire package of documentation and register it. A representative of the organization immediately receives information about the date and number of the agreement, which can subsequently be used when transmitting reports. The original agreement is issued later - after it is signed by the second party (PFR).

In addition to the above documents, in order to organize the exchange of electronic documents with the Pension Fund, it is necessary:

  • install software that corresponds to the optimal organization of electronic document management;
  • enter into an agreement with a certification center for the generation and support of electronic signature key certificates;
  • appoint a responsible executor for signing an agreement on the exchange of electronic documents with the Pension Fund and for further ensuring correct document flow.

Today, employers whose average number of employees is more than 25 people are required to submit reports in electronic format. But the fund welcomes the initiative to connect electronic document management with the Pension Fund and from other companies and individual entrepreneurs, regardless of the number of employees.

Filling out an application for connection to reporting

An application for connection to electronic reporting with the Pension Fund must be filled out only after selecting an authorized representative or center for providing data exchange services. This condition is mandatory, since the agreement must contain information about this company. In addition, you must provide the following information:

  • name, INN and OGRN of the enterprise, address of its registration and actual location;
  • registration number with the Pension Fund;
  • bank account details;
  • average number of employees;
  • information about the telecom operator, etc.

Sometimes the application form is filled out by specialists of the selected EDF operator after signing an agreement on the provision of electronic document management services. The document includes two sections: for legal entities and for individual entrepreneurs.

How to draw up an agreement on e-document flow

The form of agreement on electronic document management with the Pension Fund can be downloaded on the official website of the Pension Fund. In addition, the form can be obtained from the territorial division of the fund at the location of the organization. When filling out the agreement, you should carefully indicate all required information. If errors are discovered, Pension Fund specialists will be forced to return the document for revision and postpone the connection deadline.

***

If the employer is obliged or wishes to report to the Pension Fund in electronic format, he should enter into an agreement on electronic document management with the fund. To do this, you need to select an operator - a software supplier and submit a package of documents to the Pension Fund. Agreement forms and applications for connection to the electronic document flow of the Pension Fund can be downloaded on the official website of the fund.

In order to submit reports to the Pension Fund of Russia, it is not necessary to visit the department. Documents can be generated electronically, signed with an enhanced qualified electronic signature, and sent via TKS to the Pension Fund of the Russian Federation. Believe me, it is fast, convenient and reliable. And the risk of errors is reduced to a minimum.
Today, the mandatory procedure for submitting reports electronically applies to employers with average number employees more than 25 people. However, the Pension Fund is interested in switching to electronic information exchange with all organizations and individual entrepreneurs, regardless of their number.

The Taxcom e-document flow operator can connect electronic document flow with the Pension Fund on the day you indicated in the application, provided that:

  • there are sufficient funds in your account to pay for all ordered periodic services;
  • your tariff plan allows you to connect the direction of exchange with the Pension Fund.

The certificate is registered with the Pension Fund within 3 working days from the moment the service is activated. And then the software is configured. If you are using the system

After registering your own business, you need to be in close contact not only with the tax office, but also with other organizations. It would be a good idea to sign an exchange agreement with the Pension Fund of the Russian Federation - this will help simplify the process of cooperation with this organization and other funds.

Such an agreement is signed when individual entrepreneur or a representative of the LLC intends to cooperate with the Pension Fund of the Russian Federation in electronic form. This working method allows you to save a large number of time, effort and money, because now you can send information by mail.

You can obtain a sample of this agreement by contacting the branch of the Pension Fund of the Russian Federation in your region. The document can also be downloaded from the official website of this structure. It will be necessary to fill it out in two copies. Both copies must be filled out and endorsed by representatives of the Pension Fund, one of them will remain with you, and the second will need to be given to the Pension Fund.

When sending a report on activities, the Pension Fund will have to automatically check whether the entrepreneur has a special agreement, which was signed when registering with the tax authorities. Data about this agreement must be indicated in the SBS system, and they must be specified as correctly as possible.

You can check the agreement number and the date of its conclusion by contacting the local branch of the Russian Pension Fund, as well as on its official website. When working with the site, you must indicate your personal information, but it remains confidential, no one will be able to use it for their own purposes and harm you.

How to draw up an agreement correctly?

The Pension Fund of Russia will be able to accept the agreement on the exchange of electronic documents only if it has been filled out correctly. Make sure that you have correctly indicated all the necessary details as an individual entrepreneur or LLC; If necessary, you can consult with Pension Fund specialists.

The document contains information about the local division of the Pension Fund of the Russian Federation and its representative, and there you can also find information about the policyholder (full name, registration number, company he represents). If the policyholder is a representative of an LLC, he will have to indicate the maximum full information about your enterprise.

According to the signed document, the Pension Fund of the Russian Federation and the policyholder (who is indicated in the agreement as a subscriber) have the right to exchange documents using special telecommunication channels. It's about about the official website of the Pension Fund, Internet providers and other systems.

To provide documents electronically, an entrepreneur or representative legal entity must have an electronic signature. An electronic digital signature can replace the real one used when preparing paper documentation. You can start registering it immediately after registering an individual entrepreneur or LLC. The creation of an electronic digital signature is paid; to obtain it, entrepreneurs will have to pay from 5 thousand rubles.

All information exchanged between organizations is confidential, no one has the right to disclose it. The following aspects are taken into account when exchanging:

  • electronic documents can only be received from the resource that belongs to the Pension Fund or the entrepreneur;
  • the files were not changed during the transfer process, the correctness of the materials must be confirmed by digital signature, and if necessary, both parties can double-check the documentation;
  • the receiving party is obliged to draw up a special receipt of receipt and hand it over to the sender of the letter.

All work processes are regulated by current legislation and regulations. Signing the agreement is free and the parties do not need to pay any government fees.

Technical specifications

The agreement on electronic document management with the Pension Fund of the Russian Federation provides that the subscriber will have to independently purchase and install the software. In the future, the policyholder must do everything to ensure that the software works correctly. All information in an electronic digital signature must be protected using cryptographic systems.

It is the subscriber who will have to pay for all means of communication through which all work materials related to the deduction of taxes are transmitted. Pension Fund in in this case does not need to provide documents confirming payment; this procedure falls entirely on the subscriber’s shoulders.

In this case, the pension fund can help the subscriber and provide him with a list of organizations that are involved in the creation and certification of digital signatures. Encryption keys are also created by these enterprises: the policyholder will only need to pay for the services on time and provide an electronic digital signature to the Pension Fund.

How is the exchange carried out?

The agreement with the Pension Fund of the Russian Federation on electronic document management provides for the possibility of transferring all documents using the mechanisms established by law. The correctness of the transfer is controlled by Federal Law No. 27 of 04/01/1996, Federal Law No. 56 of 04/30/2008, and Federal Law No. 212 of 07/24/2009, which can be found on the official website of the Pension Fund of the Russian Federation.

Information exchange must be carried out using telecommunication channels registered in the territory Russian Federation. The legislation specifies a list of providers and resources that can be used.

If the certificate of the key used for the exchange is not held by the head of the enterprise, he must appoint a representative of the interests of the organization. The FIU must be notified of the presence of this representative by means of an official notification. You will need to submit a copy of the order, according to which the owner of the certificate has the right to represent the interests of the organization in the Pension Fund. A representative of an individual entrepreneur or LLC must act in accordance with existing legislation, otherwise a penalty will be imposed on him.

Responsibilities and rights of both parties: Pension Fund

The agreement with the Pension Fund on electronic document management not only provides the opportunity to exchange materials via the Internet, but also imposes certain restrictions and responsibilities on both parties. Both parties must be aware of it when signing the agreement.

The pension fund, for its part, is obliged to ensure the correct operation of the equipment, otherwise the subscriber will not be able to use it and provide documents on payments made on time. In case of any changes in all electronic documents processed by the fund, its representatives are obliged to notify the subscriber about this within the time limits specified by Russian legislation.

The Pension Fund has the right to independently change the procedure for the functioning of the exchange of documents between organizations. The corresponding changes in the list of documents and forms must be indicated on the official website of the organization several days before the date of their official introduction.

Responsibilities and rights of both parties: subscriber

The agreement for electronic document management with the Pension Fund also provides for certain responsibilities for the subscriber. The subscriber is obliged to ensure the correct operation of all equipment used to transfer documents from the Pension Fund of the Russian Federation and in the opposite direction.

The user will also have to enter into an appropriate agreement, according to which encryption keys and an electronic digital signature will be produced for him. A register of organizations capable of producing these products will be provided to the Pension Fund. The user has the right to use the proposed list or order documents from another institution.

The subscriber must also make every effort to ensure the confidentiality of received and sent data. Especially for this, it is necessary to comply with all the requirements imposed by the operating rules. It is necessary to periodically check the computer environment in which you work for the presence of viruses and destructive programs. To do this, you need to install special anti-virus equipment. If malicious code is detected during the scan, data reception will be automatically blocked, and the user will receive a corresponding notification.

If the encryption key is compromised and falls into the wrong hands, its owner is obliged to as soon as possible stop using it and the digital signature. After this, it is necessary to notify the UPFR, the Internet provider, the CIPF, as well as the developer of the software product. The notification must be official - then regulatory organizations will have to look into this situation.

Also, the user does not have the right to destroy archival documents belonging to open . This also applies to journals and receipts. The transfer of information must be carried out after appropriate encryption of the message. If one of the parties cannot fulfill the imposed obligations, it is obliged to promptly notify the other of this. After this, the agreement is suspended or terminated completely. All controversial issues are resolved by regulatory authorities in accordance with existing legislation.

Responsibility of both parties

If you know how to enter into an agreement with the Pension Fund on electronic document management, you must fully understand that both parties are responsible under existing legislation. The Administration of the Pension Fund of the Russian Federation is not responsible if damage to the system was caused due to incorrect actions of the subscriber. This is especially true if the client did not warn the subscriber in time that his keys were compromised. If these keys end up in the hands of third parties and they manage to harm the organization, the subscriber will have to resolve this situation independently.

All subscribers must carefully protect the software of the system that allows them to exchange materials with the Pension Fund of the Russian Federation. Archived information on public keys and electronic documents should also be under strict control.

If one of the parties has claims regarding any electronic document, the situation becomes more complicated. If the other party has received a disputed document, and it cannot provide it to the first party, it is found guilty of this conflict. If necessary conflict situation may be resolved with the help of regulatory authorities.

The party that interacts with the Pension Fund of the Russian Federation must act in accordance with instructions from FAPSI. Its task is to carry out all instructions that are indicated by the coordinating body involved in cryptographic protection. As a rule, this function falls on a special branch of the Pension Fund, which ensures the security of the fund’s interaction with its users.

Additional terms and conditions

The agreement on the exchange of electronic documents in the system provides for the possibility of replacing keys and destroying them. This can be done if they have been compromised or are in the public domain. The replacement mechanism in this case had to be determined by the service providers.

The agreement with the UPFR on the exchange of electronic documents begins to operate from the moment both parties sign it. The validity period is unlimited, it depends on the capabilities and desire of the parties to cooperate with each other. If both parties decide to end the cooperation, after 3 years the agreement automatically ceases to function.

If one of the parties violates its obligations to the other, the second has the right to terminate the contract unilaterally. The party that has violated the principles of operation in this system must receive a notification from the second participant in the process within a calendar month. The notification must be official and certified by a seal. If one party intends to terminate the contract, it must notify the other party 30 calendar days in advance.

The document must be drawn up in two copies at once, and both of them have equal legal force according to the legislation of the Russian Federation. When signing the agreement, both parties confirm that they are familiar with the terms of electronic exchange of documents and agree to work under this scheme.

At the very end of the document, information about the subscriber to the system and his representative, as well as about the local administration of the Pension Fund of the Russian Federation, is indicated. If the contract is lost, both parties can use a second copy for its speedy restoration.