Where a signature is required, the use of an advanced electronic signature based on a qualified certificate is required under the conditions set out in Regulation (EU) No 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market. The qualified electronic signature certificate meets the requirements of Annex 1 of this regulation and is issued by a qualified trust service provider or by a French or foreign certification authority. However, for the transmission of company creation files, declarations provided for in Article L. 526-7 or authorisation applications, the use of a simple electronic signature meeting the requirements of the same regulation is authorised, including for applications for registration in the trade and companies register.
The identification of the declarant by a means of electronic identification corresponding to a substantial or high level of guarantee included within the electronic identification scheme notified pursuant to Article 9 Regulation (EU) No 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market, combined with a simple electronic signature, is equivalent to an advanced electronic signature based on a qualified certificate. The technical processes used must guarantee the preservation of transmissions made, the establishment with certainty of their date of dispatch and the date on which they are made available to or received by their recipient, as well as the security and confidentiality of exchanges.
An order by the Minister for the Economy determines the applicable signature formats and verification procedures.