The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
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The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
With the quick advancement of technology, there has been a greater need for a modern technique for signatories to approve a document. This necessity has given rise to the invention of electronic signature software.
Users are required to select an eSignature service that adheres to the legal frameworks in Mexico, including the Federal Civil Code, Federal Commerce Code, and the Official Mexican Standard NOM-151-SCFI-2016. These laws acknowledge electronic signatures as bearing the same legal weight as their handwritten counterparts. However, certain documents might still necessitate a traditional signature, and the legal obligations for these can differ across various regions. The stipulated guidelines define criteria that a user must fulfil to establish the legitimacy of an electronic signature. BoldSign is recognized for integrating security measures that guarantee compliance with these regulatory and security protocols.
From an international law angle, electronic signatures are regulated by the Model Law of Electronic Commerce of the United Nations of 1996 (MLEC)[1]. Member states to the United Nations and Economic Blocks have developed their framework in line with MLEC. Specifically, on this page, we will be focusing on Mexico.
Electronic signatures can be defined as the legal concept capturing one’s intention to be bound by the contents of a given document.[2] In Mexico, electronic signatures are legally recognized when they can be clearly linked to the signer and verified for authenticity, providing protection against fraud. These eSignatures must indicate the signer’s intentional agreement to the document’s terms and are treated with the same validity as traditional handwritten signatures if the criteria are satisfied.
Generally, an eSignature is accepted to hold the same legal image as a wet ink signature. Even though the Mexican legal framework lacks an expressed provision on how electronic signatures are to operate, the use in completing transactions is regulated by:
Article 1811 of the Federal Civil Code, in giving recognition to electronic signatures, opines that signatures affixed on contracts written on electronic messages will be recognized when they can be attributed to the person acquiring the obligation and the related information can be accessible for future reference.
The regulations categorize eSignatures into two:
A standard eSignature means any letters, characters, numbers, sound, process, or symbols in electronic form attached to, or logically associated with information that is used by a signatory to indicate his intention to be bound by the content of that information.
An advanced electronic signature is under Article 97 of the Federal Commerce Code, defined as an eSignature that meets conditions such as:
A secure electronic signature must be uniquely connected to the person who is using it. The signature must be uniquely made with methods that only the signer has access to, like a private key and confidential info, to verify their identity.
The person using the secure electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent signature forgery.
The integrity of an electronic signature is paramount, and various technologies are used to ensure that any changes made to the signature or the document after the moment of creation are detectable. This is achieved through audit trails and timestamps.
It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s IP address, timestamps of key signing events, and location, providing proof of identity, timing, and place of signature.
Article 8 of the Federal Advanced Electronic Signature Act sets out certain standards to be met in operating an advanced electronic signature. These standards are:
Under the Federal Civil Code, Federal Commerce Code and Official Mexican Standard NOM-151-SCFI-2016
| Type of Signature | Unique Features | Validity Standards | Legal Validity |
|---|---|---|---|
| Standard Electronic Signatures | N/A |
|
Depends on the weight of evidence |
| Advanced Electronic Signatures |
|
Valid unless the contrary is proven |
Electronic signature use isn’t legally recognized for all document types. Some transactions are appropriate for eSignatures, while others aren’t. Following is a brief analysis and a summary table of these transactions.
Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:
Although there is no express provision in this regard, caution should be taken when dealing with transactions involving documents in general for any authority and government entity, which should be done with a wet-ink signature.
| Transactions that can be completed with eSignatures | Transactions that may be exempted (Under Federal Civil Code and other laws) |
|---|---|
|
|
The following elements of compliance available within BoldSign can be used to comply with Mexico eSignature laws:
Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees, and agents cannot provide legal advice. You should consult your own personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Syncfusion makes no warranties of any kind, including but not limited to the validity of this article’s information or legality of the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and accuracy or currentness of this information.
Neither Syncfusion nor its officers, directors, stockholders, employees, affiliates, attorneys, accountants, or agents shall be entitled to indemnification, express or implied, contractual or statutory, equitable or otherwise.
1 https://uncitral.un.org/en/texts/ecommerce/modellaw/electronic_commerce
2 Finocchiaro, G. D., & Bomprezzi, C. (2020). A legal analysis of the use of blockchain technology for forming smart legal contracts. MEDIA LAWS, 2020(2), 111-135.