QES for Circular Resolutions – Legally Secure Digital Signatures

Maximum legal certainty without media breaks: Replace the handwritten signature with the European gold standard of digital signatures.

Digital resolutions and meetings are already everyday practice – also for boards, supervisory boards, and shareholder groups. But as soon as documents must be signed, the question arises: How can the handwritten signature be replaced digitally in a legally secure way?

The answer is a qualified electronic signature (QES). Resolvio integrates it directly into the voting process to close exactly this gap.

What exactly is a QES under eIDAS?

The QES is the highest security level among electronic signatures. It is based on a qualified certificate issued by a state-recognized trust service provider (under the eIDAS regulation). The identity of the signatories is strictly verified in advance – for example via video identification or an ID document.

The EU eIDAS regulation provides a unified framework and distinguishes three levels:

• Simple signature: e.g., email signature, simple DocuSign fields
• Advanced signature: higher identification requirements
• Qualified electronic signature (QES): This is the highest level with the strongest legal effect.

Learn more about handling the different signature types at Resolvio here.

The QES from a legal perspective

The legal basis is the European eIDAS Regulation (EU 910/2014). It specifies that a qualified electronic signature has the same legal effect as a handwritten signature on paper. Courts fully recognize it as evidence.

In Germany, Austria, and the other EU member states, the QES is therefore the only digital signature form that can replace the legally required written form (e.g., Germany: § 126a BGB, Austria: § 4 SigG). This means you can adopt resolutions with legal certainty without ever printing a sheet of paper.

When does using a QES make sense?

Not every resolution necessarily requires a QES. For simple resolutions without a written-form requirement, Resolvio’s integrated voting and documentation function is often sufficient.

However, a QES is especially recommended or required when:

• Legal form requirements demand a written form (due to corporate law provisions or individual agreements in bylaws).
• There are special liability or proof obligations.
• Multiple parties from different countries are involved.
• The organization internally prioritizes maximum legal certainty.

Your advantages with Resolvio

• No media breaks: No printing, signing, scanning, and uploading. The entire process is digital.
• Legal certainty: Meet the highest form requirements for critical resolutions (where legally permissible).
• Convenience via remote signature: Your board members do not need card readers or chip cards. The signature is completed conveniently via smartphone through certified trust service providers.

Legal requirements by legal form and country

Whether a simple vote is sufficient or a QES is mandatory depends heavily on your company’s seat (country) and the respective legal form (e.g., GmbH, AG, cooperative).

Select your country here to get detailed information on the specific requirements and implementation with Resolvio: