Original required or is scan enough? Examples of the most frequently requested document types

Many are wondering which original documents they need to keep, or whether a scan is sufficient. Here you can find information about the most frequently requested document categories.

Example of official letters:

To understand the difference and relevance of original documents compared to scans, it is first important to Difference between written form and text form to explain. According to §126 para. 1 BGB, written form means that Your own name must be written by hand on paper under the text. Paragraph 3 also states with regard to the written form definition BGB: The written form may be replaced by the electronic form unless otherwise provided by law.

The text form simply requires that content in a document must be permanently retrievable and that it is possible to recognize who the content originates from. A PDF file a scan would therefore be a solution that covers what is required in the area of text form. Printing on paper is not necessary when you talk about the text form. That makes it easier Road to a paperless office.

In addition, numerous official letters or notices that have been created by machine without signature are simply stored digitally. Here, Section 37 (5) of the Administrative Procedure Act allows, exceptionally, the option to omit the signature and naming of machine-generated decisions, so that the administrative act is still valid. Below we list further examples of the need for originals.

Example apartment rental agreement: original or copy 🏘️📝

Which documents can I present as a scan? For the The law does not provide for a mandatory written form of rental agreement for an apartment. It therefore does not have to be printed out and signed. Only if a contract is to be concluded for a specific period of time but lasts longer than one year, must the contract be signed by hand. If not, however, it is still valid in accordance with Section 550 BGB, but for an indefinite period of time.

Still, most people will have a written rental agreement. For the reason that this makes it easier to prove the terms of the rental agreement in the event of a dispute. It is allowed to scan a rental agreement and present this scan as a document. It is also not a falsification or alteration of documents that could be relevant under criminal law (Sections 267 et seq. of the Criminal Code), because they do not want to falsify a genuine document and do not want to use it to deceive legal transactions.

If, for example, you are arguing about a tenancy in court (such as the admissibility of a rent increase), you can therefore file a digital copy with the court as an attachment to a pleading. Only if the landlord denies in the lawsuit that it is the correct rental agreement or that there is something else in it, do you have to pick out the original document (your signed copy) and bring it to court so that the judge and the landlord can examine it. If there are still doubts, a manuscript report of the signatures would be required.

Sample birth certificate original or copy

Another probably very rare example is the handling of birth certificates. These are typically always left in the registry office in their original form and you only need an officially certified copy of the birth certificate yourself. For example, to register for marriage. You will receive a certified copy of the original document or you will have to pick it up. You can also scan these, for example to have a copy for yourself. But must present See the original copy. However, relevant cases, such as registration for marriage, are usually quite rare.

Sample diplomas and certificates

Diplomas or certificates can also be easily scanned and first attached as a file when applying. Only when the employment contract is concluded, some employers may want to look at the originals. However, this is becoming increasingly rare. Digital application documents are usually sufficient, as they make it easier for the HR department to administer digital application processes and their authenticity rarely has to be doubted.

Example business receipts or documents 🧾

Business receipts and documents are still different from certificates or diplomas. If you are an entrepreneur and receive an invoice by post, you must Store the original for up to ten years. However, you can also provide this as a scan for the tax office. Only during a document check (tax audit) can the original documents be required. And this check should be scheduled several weeks in advance so that you could request all supporting documents.

What does substitute scanning mean? ☑️

Substitute scanning describes the digital recording of paper documents in document management for further processing and storage of the resulting electronic image (e.g. scan/PDF). Including the subsequent destruction of the original document. Substitute scanning allows documents to be archived in electronic form instead of in paper form. 3 steps define substitute scanning: Capture, archive and destroy. They describe the document management process.

Primarily through an electronic document archive Saved space. Digitized documents can often also be used with the help of full text search browse or tag. Find information faster and Location-independent document access become possible in the first place. These options are also offered by Caya Document Cockpit for your digitized documents.

The digitization of documents is also subject to certain regulations that must be observed. This is governed by the “principles for the proper management and storage of books, records and documents in electronic form as well as for data access.” GoBD for short. This BMF administrative instruction determines how tax-relevant documents and invoices should be recorded, processed and stored.

In principle, a GoBD certification must ensure the completeness, accuracy, order and immutability of documents. In technical jargon, document management that meets GoBD criteria is also referred to as audit-proof filing. By the way: Caya is GoBD certified. When working in accordance with GoBD and using GoBD-compliant tools, it is much easier to document proper accounting in the event of audits.

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Source:
https://www.kanzlei-vellante.de/blog/ersetzendes-scannen-so-geht-es-richtig.html

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