COURT-ADMISSIBLE

Yes

GENERAL BUSINESS USE

Yes

E-SIGNATURE LEGAL MODEL

Tiered

General Business Use (Yes)

Whilst 100% legal; there are exceptions for very specific types of transactions. It is still up to the discretion of the independent user, or governing body, whether they are used or not. As each business needs are different and the agreements themselves may vary. We always advise you to speak with an authority within your businesses category.

Court-Admissible (Yes)

Each country has its own regulations that determine whether an electronic signature is seen as legal or not. So, as long as your electronic signature adheres to these, a signature won’t be rejected simply for not being handwritten.

e-Signature Legal Model (Tiered)

Mexico’s legal model is a tiered one. Although Tiered, Qualified Electronic Signatures (QES) will not receive any legal status as there are no specific conditions for this electronic signature type This doesn’t mean that a non-QES e-Signature can’t be submitted in court, but it will need extra evidence to support it.

eSignature Legality Summary

Electronic signatures are valid and enforceable in Mexico and create legal obligations among contracting parties, provided that such signatures satisfy certain technical requirements set forth in Article 97 of Mexico’s Commerce Code (CC). Mexico recognizes simple electronic signature as legally enforceable by following a two tier jurisdiction where it gives these digital signatures the same status as handwritten one. Countries around the world that follow this model have an opportunity to select signature forms based on the convenience and use cases. Recently Mexico amended several of its federal and commerce laws to permit the use of electronic signatures wherein parties are generally free to choose the type of signature as per acceptance of agreement.
*The information on this site is “AS IS” and for general information purposes only.

emSigner Supports Following Use Cases for Standard Electronic Signatures (SES)

  • * Agreements including sales terms, services terms, software licenses, purchase orders, etc.
  • *Commercial agreement between companies that belong to the same corporate group including non-disclosure agreements, purchase orders, order acknowledgements, other procurement documents, sales agreements, distribution agreements, and service agreements
  • *Commercial agreement between companies that belong to the same corporate group including non-disclosure agreements, purchase orders, order acknowledgements, other procurement documents, sales agreements, distribution agreements, and service agreements
  • *Commercial and civil contracts entered by and between individuals, including lease agreements, professional services agreements, distribution agreements, purchase orders and other procurement-related documents and sales agreements (as long as no notarization is required)
  • *Privacy related documents including privacy notices

Documents in general including letters, memorandums, etc.

* emSigner Works With the Local Trust Service Providers and Supports Following Use Cases For Qualified Electronic Signature (QES)

*Tax returns and other tax documents (mentioned under Tax Laws)

*HR documents such as, employment contracts, privacy notices, non-disclosure agreements, employee invention agreements, benefits paperwork and other new employee onboarding processes except termination notices, commercial agreements between corporate entities including non-disclosure agreements, purchase orders, order acknowledgements, other procurement documents, sales agreements, distribution and service agreements (under Federal Labor Laws)

*Some QES Specific commercial agreements such as between corporate entities, including non-disclosure agreements, purchase orders, order acknowledgements, other procurement documents, sales agreements, distribution agreements, and service agreements (Commercial Code)

*Corporate documents, including assignment of shares, shareholders and board of resolutions documents, appointment and removal of officers and directors, as long as no notarization of the document is required (under Commercial Code)

Financial products agreements, including opening of bank accounts, credits, loans, etc. (under Law for Transparency and Order of Financial Services)

Use Cases That Are Not Supported or Typically Not Appropriate for Electronic Signatures or Digital Transaction Management Using emSigner

 

Following are the use cases that are specifically not supported for digital or electronic processes or that includes requirements wherein wet ink or handwritten signatures or formal notarization is required.

 

  • *Real estate property transfer contracts and deeds
  • *Marriage contracts
  • *Contracts of inheritance
  • *Contracts waiving inheritance
  • *Inheritance sales
  • *Powers of attorney
  • *Corporate documents to be registered with the commercial board of registry
  • *The articles of incorporation of civil and mercantile companies

 

Also, it may be advisable to perform a more detailed risk assessment before using electronic signatures for the following types of documents:

  • *Mortgage or guarantor agreements. In general, agreements that need to be granted before a Public Notary (i.e., sale of real state property). Again, Civil Code does not prohibit the use of electronic signatures, but is not a standard practice for Public Notaries to conclude such transactions through electronic means
  • *Promissory notes, guarantees, guarantees provided by co-obligators and other documents considered as negotiable instruments under the General Law of Negotiable Instruments and Credit Transactions (GLNICT). While GLNICT does not prohibit the use of electronic signatures, original documents are necessary to sustain the credit right consigned therein
  • *Civil status acts, including recognition of children, adoption, marriage, divorce, death, and presumption of death, guardianship or legal capacity to administer property. The law usually requests the presence of the interested parties to execute related documentation, or else the granting of a power of attorney which must be certified by a Public Notary

 

“Digital Signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine


(a) whether the transformation was created using the private key that corresponds to the signer’s public key; and


(b) whether the message has been altered since the transformation was made

DISCLAIMER: This information is intended to help you understand the legal framework of electronic signatures. However, eMudhra cannot provide legal advice. The law of electronic signatures is constantly evolving. This guide is not intended as a legal advice and should not serve as a substitute for professional legal advice. You should consult an attorney regarding any specific legal concerns.
eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.

ABOUT THE GUIDE

The eSignature Legality Guide is the result of legal research into the laws and practices regarding eSignature on a country-by-country basis. Each country-level analysis was conducted by local law firms located in that country, in that country’s local language. This legal analysis was then supplemented with complementary research on eSignature and digital signature technology standards conducted by independent technology experts. Together, this information is provided as a public resource to understand eSignature legality, and clarify some of the common misconceptions about international eSignature legality.

COURT-ADMISSIBLE

A basic measure of eSignature legality in a country is whether courts will admit eSignatures as evidence in court. In most countries in the world, an eSignature cannot be rejected simply because it is electronic, meaning that it should be admissible, subject to proof. Learn more about how DocuSign helps you prove an eSignature validity in court, below.

GENERAL BUSINESS USE

While there are exceptions for very specific types of transactions, eSignatures, independent of the underlying technology, may be used for the majority of general business transactions in most countries. Issues that may restrict general business use include local technology requirements or other restrictions on special transactions types. Learn more about specific transaction types, below.

E-SIGNATURE LEGAL MODEL

‘Tiered’ countries recognize Qualified Electronic Signature (QES, or the locally named equivalent) as a distinct type of eSignature. In these countries, a QES has special legal status in the form of presumed authenticity, and may be legally required for a few, specific transaction types. In spite of this, a non-QES eSignature can still be submitted as evidence in court even in Tiered countries, so long as the party presenting it has sufficient evidence to prove that it is valid. Countries imposing QES standards often struggle to promote electronic business transactions, especially across country borders. ‘Open’ countries have no such technology requirements or eSignature types that receive special legal status. Learn more about eSignature legality at https://www.emsigner.com/

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