The use of eSignature to execute contracts is picking up popularity in Mexico, and has received more adoption due to the pandemic situation. At present, Mexico recognizes the use of Electronic Signatures and Advance Electronic Signatures.

Governing Regulation:

While Mexico does not have any sole law for the governance and regulation of eSignatures, the following laws are vital to enforce the validity, legality and admissibility of eSignatures in Mexico:

Key Elements of a Valid Electronic Signature:

Electronic Signatures: The following are the key elements of a valid signature per the Mexican regulations:
Advance Electronic Signatures: An advanced eSignature is also known as “Qualified Electronic Signatures” or QES in the international arena. An advanced eSignature must comply with the requirements of an eSignature in addition to being certified by a Certificate Provider to be valid and enforceable as per the Mexican regulations.

Electronic Signature and Transacting with The Government:

The Federal Civil Code and Commerce Code do not cover electronic transactions with the Government. The thumb rule is that contracts and transactions need to be executed in person when dealing with government authorities. Signatures, if needed are required to be made traditionally (Wet Ink Signatures).

Documents than can be eSigned in Mexico:

The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This “new normal” has concentrated more attention on electronic means of transactions. The “new normal” in the age of Covid-19 proceeds to facilitate the use of eSignatures.

Documents than cannot be eSigned in Mexico:

DISCLAIMER

Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly and Certinal makes every reasonable effort to keep the content of this article current, hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance; you must seek independent legal advice.
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