Electronic Signatures in Mexico
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Electronic Signatures in Mexico

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Is the electronic signature valid in Mexico?

Yes, Mexico offers the possibility of signing a document through electronic or digital means according to federal laws. However, it is necessary to meet several requirements for this to be considered completely legal and, therefore, valid.

 

In the year 2000, an amendment to the Federal Civil Code recognized the existence of electronic signatures to sign documents in general. However, there is no specific criteria that indicates how a document should be signed electronically to be legally valid, leaving this issue quite ambiguous.

 

In addition to the above, each State of the Republic also has its own Civil Code that may or may not contemplate the use of electronic signatures. Depending on where you want to carry out any act, the corresponding legislation will vary and, it will be necessary to analyze the possibility or legality of signing electronically.

 

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On the other hand, since 2003, the Commercial Code contemplates a whole regulation to sign electronically all kinds of commercial documents and contracts, to the extent of considering said documents as evidence before a judge during trials. To do this, hiring the services of a Certified Company is mandatory. The Certified Company shall guarantee: (i) the identity of the signatory; (ii) that the data used to sign is exclusively under the control of the signatory; and (iii) that after having signed, the possibility to detect if the document or the signature has been altered or modified.

 

To reinforce the above, in March 2017, the Federal Government issued the Official Mexican Standard NOM-151-SCFI-2016, which aims to regulate all the technical aspects that companies must comply with when offering electronic signature services.

 

What kind of documents cannot be signed electronically?

 

Although there is no express provision in this regard, according to the interpretation of the Federal Codes and NOM-151, the documents or acts that cannot be signed electronically are:

  • Applications in general before any type of authority.*
  • Procedures with Public Notaries or Brokers.

 

Note: Only the electronic signature issued by the Tax Administration Service (SAT) is valid to sign documents and procedures before federal authorities. The application of this rule before local authorities varies depending on the applicable provisions of each State.

 

Is there any Certified Company with which I can sign electronically in Mexico?

Nowadays you can find several companies online that offer electronic signature services in Mexico most of them with activities primarily in the US. However, very few of them actually comply with the provisions by Mexican law.

 

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For more information contact us by this means or at the following phone numbers: (+52) 998 24 28 832 or email arnold@iabogados.mx

 

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