An electronic signature (e-signature) is simply a signature in digital or electronic form, which allows the owner to append the signature on different types of electronic documents. By doing so, this signature automatically validates the document as would a physical signature. The use of e-signature has simplified the processing, and use of documents and contracts as transaction fulfillment can occur fast, effectively, and securely. All documents affixed with e-signatures are legally binding only if the law of the country accepts such documents.
Mexico is one of the countries, which accepts the use of these types of signatures on digital documents such as electronic invoices.
The validity of Electronic Signatures
In Mexico, the Federal Commerce Code, as amended in 2003, regulates and allows for the affixation of e-signature on documents, which makes such documents legal and binding. The code recognizes two types of e-signatures, as stated below.
- Standard e-signature
- Advanced e-signature
The standard e-signature is usually associated or enclosed to digital data or electronic information through a recognized software or process. This type of signature’s primary function is to serve as validation that the peculiar data in the document is from a particular individual. Also, the e-signature provides sufficient information that such data in the document is available at the discretion of the owner. The e-signature has a similar legal status as a physical signature, as it is valid in a court of law.
The advanced e-signature, as governed by the Advanced e-signature Act, is not much different from a standard e-signature except that it requires some special requirements as stated below.
- The data required for the formation of an e-signature is owned solely by the owner of such a signature.
- Companies and organizations must acknowledge the use of an e-signature by its owner.
- The e-signature must be under the full control of the owner for the use of the signature to be valid.
- A detailed alteration track for e-signature must be detectable. All amendments or variations to the signature must be traceable and evident.
- Also, all amendments made on the information on the document must be accessible for auditing.
- All the owners of e-signatures must possess an authorized electronic license, which is provided by the government-approved service provider.
Acceptable e-signature Usage
The use of e-signatures is acceptable in the following circumstances.
- Sales order, supply agreement, service contract, employment agreements, and general commercial contracts;
- All types of financial contracts, which include credits and creation of financial accounts;
- Acceptable for use on all tax documents;
- Acceptable for business purposes such as appointments, shareholders, allocation of shares, and other business documents.
Exception for e-signature Use
Although e-signature usage is widely accepted, however, there are exceptions.
- Marriage and divorce documents;
- Inheritance and will associated documentation;
- All types of power of attorney documents;
- Documents for registration of some types of companies;
- Real estate documents for sale and transfer of ownership;
- Adoption documents.
The use of e-signatures in Mexico is generally acceptable, with a few exceptions, which is necessary due to certain peculiarities. In general, the country’s law makes the use and the validation of e-signatures easy.