Introduction
This question comes up regularly, especially among foreign management board members of companies operating in Poland. The answer is: DocuSign, without integration with an external qualified provider, is not sufficient to sign financial statements in accordance with Polish law.
What does the law say?
According to the Polish Accounting Act, a financial statement must be prepared in electronic form (XML format) and signed using one of the following:
-
a qualified electronic signature (in line with the eIDAS Regulation), or
-
a trusted signature (via the Polish ePUAP platform), or
-
a personal signature (using a Polish electronic ID card).
DocuSign provides what is referred to as an advanced electronic signature, which does not meet the legal requirements of a qualified electronic signature under Polish law, and therefore cannot be used to validly sign a financial statement.
Ultimately, it depends on whether DocuSign supports a qualified electronic signature issued by a provider listed on the EU Trusted List (ETL). The list of qualified providers is available on the European Commission’s website here: EU Trusted List.
Alternative solutions for foreign management board members
Since January 1, 2022, the signing process has been simplified. A financial statement can be signed by only one board member, while the remaining members may submit either:
-
a written statement confirming compliance of the financial statement with the Accounting Act, or
-
a written justification for refusing to sign the statement.
Such a statement may be submitted in standard written form and does not require a qualified electronic signature. This significantly simplifies the procedure for companies whose boards include foreign managers who do not have access to a Polish qualified electronic signature or other trusted Polish identification methods.
Summary
If you’re preparing to sign your company’s financial statement and are wondering whether standard DocuSign is sufficient, the answer is no. While DocuSign offers an advanced electronic signature, it does not meet the legal requirements for signing financial statements under Polish law.
Only DocuSign integrated with a qualified signature certificate issued by a trusted provider may serve as a valid alternative under the eIDAS Regulation. In all other cases, to ensure full compliance with applicable rules, one must use a qualified electronic signature, a trusted signature (ePUAP), or a personal signature (Polish e-ID card). Alternatively, consider using the management board statement procedure.
If you have any questions regarding the signing or submission of financial statements in Poland, feel free to get in touch — I’ll be happy to walk you through the process step by step.
