Document authentication plays a fundamental role in ensuring the legitimacy and integrity of crucial information within the document management of a company. This process, often underestimated, is essential to ensure the legal validity and reliability of business records.
After all, formal validation of records is especially vital in commercial transactions, contracts and other legal documents, in which accuracy and legitimacy are imperative – especially if we consider the current challenges involving digital transformations and the role of new technologies in the context business.
In the following article, we will explain in detail what document authentication is and provide practical guidance on how to implement this procedure effectively in your company.
What is document authentication?
We can define the concept of document authentication as an essential process for verifying and guaranteeing the authenticity, integrity and legitimacy criteria of written records, contracts and relevant information in a business environment. This practice aims to ensure that documents have not been tampered with, falsified or manipulated, giving them legal validity and reliability.
This process is essential in commercial transactions, legal contracts and in situations where the accuracy of information is essential. By understanding and effectively implementing authentication methods, companies can protect themselves against fraud, maintain legal compliance, and promote trust in their records.
The relevance of document authentication for corporate legal security
Document authentication plays a crucial role in corporate legal security, ensuring the validity and integrity of records, which is fundamental in commercial transactions and contracts. Its relevance, therefore, is directly linked to legal certainty.
By adopting efficient authentication practices, companies ensure legal compliance, reduce fraud risks, and maintain trust in business transactions.
A Law No. 13.726 / 2018, known as the Debureaucratization Law, brought significant changes to document authentication. Before it, the process was slow and bureaucratic, with formal procedures and additional costs. The enactment of the law simplified such processes, eliminating the need for signature recognition and dispensing with authentication in copies in several cases.
This measure benefited companies, reducing administrative burden and costs, in addition to streamlining procedures. The initiative reflects a movement towards modernization and reduction of bureaucracy, seeking a more efficient business environment adapted to contemporary demands.
Physical document authentication vs. digital document authentication
Physical and digital authentication are distinct approaches to verifying the authenticity of documents, each with its own specific procedures and advantages.
Physical authentication
Physical document authentication refers to the process of verifying and certifying the authenticity, integrity and legitimacy of printed or handwritten records. This category includes methods like the ones we highlight below.
Manual subscriptions
The document is signed by hand, and authenticity is verified by comparing the signature with the officially registered one.
Stamps and seals
Use of stamps, seals or physical markings to certify the authenticity and validity of the document.
Notarization
A public notary witnesses the signing of the document, certifying its authenticity and providing legal validity.
Physical authentication offers significant advantages, including traditional acceptance in many legal contexts, where physically authenticated documents are widely recognized as valid.
Additionally, physical traceability provides a visual way to track the document, making it easier to verify its authenticity.
Finally, in many cases, physical authentication enjoys universal recognition, regardless of access to technology, highlighting its relevance in situations where the tangible presence of the document is essential.
Digital authentication
Digital document authentication refers to the process of verifying and certifying the authenticity, integrity and legitimacy of electronic records through digital methods. Unlike physical authentication, which uses manual signatures and stamps, digital authentication involves the use of cryptographic technologies to ensure the security and validity of documents.
Digital signatures
Use of cryptographic algorithms to electronically associate a person's signature with a document, guaranteeing its authenticity and integrity.
Digital certificates
Electronic documents are digitally signed using digital certificates issued by a trusted certificate authority.
Cryptographic hashing
Creating a unique hash code for the document, which can be used to check whether there have been changes to the content.
Digital document authentication has significant advantages, notably offering higher levels of security due to the use of robust encryption.
Another point to highlight is that digital authentication processes are recognized for their efficiency, streamlining procedures and reducing both bureaucracy and associated costs. Ease of electronic storage and sharing is another notable advantage, simplifying and speeding up records management.
In a modern context, these attributes make digital authentication a valuable choice for organizations seeking security, efficiency and practicality in document management.
However, both methods have their place, and the choice between physical and digital authentication often depends on the legal context, the organization's preferences and specific security and efficiency requirements – with, in many cases, a hybrid approach.
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Which documents should or should not be authenticated?
The need for authentication may vary depending on local laws, institution policies, and the specific nature of the document and transaction in question. However, in a general context, we can identify certain commonly authenticated documents:
Commercial contracts
Formal agreements between parties, often requiring authentication to ensure their legal validity.
Property deeds
Documents that transfer ownership of a property, generally authenticated for registration at a notary's office.
Power of Attorney
Documents that grant legal authority to another person, often notarized to ensure their validity.
Birth, marriage and death certificates
Vital documents that can be authenticated for various legal purposes.
Bank documents
Some financial documents, such as powers of attorney for specific banking transactions, may require authentication.
Legal and court documents
Petitions, judgments, and other legal documents often require authentication for legal purposes.
Notarial documents
Documents notarized by a notary public, such as sworn statements and notarizations.
Likewise, some documents, as a rule, do not usually require authentication.
Internal company documents
Documents for internal use of the company, such as memos and internal communications, generally do not require authentication.
Informal documents
Informal correspondence and communications that do not have legal implications or are not intended for official transactions may require authentication.
Personal documents without legal implications
Personal documents, such as personal letters and reminders, that have no direct legal relevance may be exempt from authentication.
Certificates of completion of courses and training
In some cases, course and training certificates may not require authentication, depending on the context.
Proof of residence for personal use
In everyday situations, such as changes of personal address, proof of residence for personal use may not require authentication.
How to authenticate documents
Below, we will present, step-by-step, the document authentication processes, both physically and digitally:
Physical authentication of documents
1. Preparation of documents
Organize documents that require authentication, ensuring they are complete and correct.
2. Choosing the authentication method
Select the appropriate physical authentication method, such as notarization, notarization, or use of stamps and seals.
3. Notarization
If notarization is required, go to a notary's office with an identification document and sign the document in the presence of the notary.
4. Notarization
If notarization is necessary, schedule a visit to a notary public, present the documents and sign them in the notary's presence.
5. Stamps and seals
If your chosen method involves stamps or seals, apply them as directed, ensuring they are legible and visible.
6 Registry
In some cases, authenticated documents may need to be registered with a notary to ensure their legal validity.
7. Secure storage
Keep authenticated documents in a safe place, keeping copies if necessary, and be aware of the temporal validity of the authentication.
Digital authentication of documents
1. Choosing a digital signature platform
Opt for a reliable digital signature platform that offers authentication features such as digital signatures and certificates.
2. Uploading documents
Upload electronic documents to the platform, ensuring that they are in an appropriate format and are legible.
3. Digital identification
Select your digital identification method, which may involve password authentication, two-factor authentication, or the use of digital certificates.
4. Digital signature
Digitally sign documents using the platform's digital signature tool, ensuring that the signature is linked to your digital identification.
5. Digital certificate generation
If the platform uses digital certificates, ensure that a certificate is generated and linked to the document.
6. Secure download and storage
Download digitally signed documents and store them in a safe place. Make sure the platform provides evidence of authenticity, such as audit logs.
7. Secure Sharing
If digitally authenticated documents must be shared, use secure methods, such as sending via secure email or sharing on password-protected platforms.
At the end of this reading, it becomes clear that the correct authentication of documents plays a crucial role in the security and efficiency of business processes: ensuring the authenticity and integrity of records not only strengthens the company's legal security, reducing legal risks, but also promotes efficiency by simplifying bureaucratic procedures.
Therefore, adapting to new authentication technologies such as digital signatures not only streamlines processes, but also reflects the modernization and innovation that are essential in today's business environments.
That's why we invite you to explore ZapSign, a digital signature platform that offers a secure and efficient way to organize electronically signed documents.
If you want to simplify your processes, reduce your paperwork and increase the security of your records, be sure to click here to discover how ZapSign can transform document management in your company!
