Our goal is that you can sign and manage documents online quickly and safely.

This is a summary of the general legal aspects WeeSign considered of interest to our customers and users.

The signature service, delivery and administration of documents electronically, is recognized in the applicable legislation in Mexico recruitment so that the documents signed using the products and services WeeSign are valid and enforceable in court.

The use of electronic signatures is a growing practice in Mexico for their safety and their recognition in several Mexican and international regulatory requirements such as:

Federal Civil Code, Article 1803

It establishes that consent may be expressed by electronic means.

Commercial Code, Articles 89 and 93

It establishes that acts of commerce or training electronic, optical or any other technology may be used.

Gives full validity to electronic contracts or data messages.

Advanced Electronic Signature Act

Regulates the use of electronic signatures and homologated in effect to the signatures.

Federal Code of Civil Procedure, Article 210-A

Recognized as evidence and signed contracts concluded electronically.

Law to Regulate Financial Institutions Technology, Article 56

It promotes the use of electronic signatures and recognizes their validity.

Mexican Official Standard NOM-151

It establishes the requirements to be observed for conservation of the content of electronic contracts.

Federal law Litigation and Administrative Procedure Article 46

It recognizes validity of electronic documents and to be admitted as evidence signatures.

Several countries in the world recognize the validity of electronic signatures (present only some of them)

Uniform Electronic Transactions Act 1999 and the Electronic Signatures in Global and National Commerce Act 2000 in the United States;

EU Directive 1999/93 / EC on Electronic Signature in the European Union; Y

the Electronic Communications Act 2000 and Electronic Signature Regulations 2002 in the UK.

The electronically signed documents are recognized as evidence and admissible at trial since it is not possible to repudiate a signature or document by the mere fact of being in digital or electronic form because various procedural rules in Mexico recognize the validity of signatures and electronic documents and obliges judges and authorities to recognize signatures and electronic documents as evidence in lawsuits and other proceedings.

In addition, the Commercial Code states that everything related to electronic documents and contracts must be interpreted according to the principles of technological neutrality, autonomy, international compatibility and even states that where the law requires written form for the acts, agreements or contracts, this requirement has been complied when performed digitally or electronically.

Here’s are some advantages of electronic signatures versus the handwritten signature according to a study conducted at the Research Center National Polytechnic Institute:

Firm

autographed

Firm

electronics

It can be applied to documents and electronic transactions

DO NOT

YES

Authentication can be automated

DO NOT

YES

They can detect alterations in the signed document

DO NOT

YES

Recognized by law in Mexico

YES

YES

Moreover, the same study cited above compares the percentages of safety versus the handwritten electronic signatures in banking:

Possibility of error in signature authentication False rejection rate of the firm False Acceptance Rate Signature Percentage of security firm

Autograph signature

60%

60%

60%

80%

Safe

Electronic signature

0%

0%

0%

100% Safe

For more benefits of electronic signatures da click here.

People can use electronic signatures to any document unless the law provides any special requirements.

Possible use cases include documents such as contracts for the provision of services, employment, confidentiality agreements, contracts of guarantee, insurance contracts, letter of responsibility, contracts commissioned work, purchase agreements, credit agreements or mutual, agreements noncompete, documents, distribution agreements, software licenses, adhesion contracts, leases, licenses patents and copyrights among other employee benefits;

Exceptions to the Use Cases. For some types of documents people might be subject to compliance with additional requirements manner in accordance with applicable law in Mexico as the formalization before a notary public. Therefore, in acts of civil status or contracts to be formalized before a notary public (eg. Sale of real estate), it is advisable to conduct further analysis before using electronic tools since although applicable law does not prohibit use electronic signature is not yet a general practice notaries conclude such transactions through electronic means [1].

· The electronic signature is recognized in Mexican and international law as a valid and safe method to sign documents therefore can be presented as evidence in an eventual trial.

· It is safer to sign with advanced electronic signature to a signature.

· Use electronic signature is a practical, safe and efficient way to boost your business.

· The electronic signature is a useful, sustainable and environmentally responsible practice.

The information contained herein is for informational purposes so should not be considered as legal advice or legal opinion, users WeeSign use our products and services in accordance with the Terms and Conditions and Privacy Policy which WeeSign offers.

[one] The Commercial Code recognizes the right of public notaries to formalize electronic documents, however, and in practice this power has not been fully exploited by public notaries.

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