Chihuahua, Chih., July 10th, 2020.
Dear Clients and Friends,
We inform you that on July 8th of this year, Decree number LXVI/EXLEY/0715/2020 II PO was published in the Official Newspaper of the State of Chihuahua, through which the Advanced Electronic Signature Law of the Chihuahua State was issued. The advanced electronic signature (FEA) is intended to simplify, facilitate, and expedite legal acts and business, communications, and administrative procedures between the public sector, individuals, and the relationships they maintain with each other.
According to this Law, the subjects bound to it are; the executive, legislative and judicial power; the municipalities of the State, the autonomous constitutional organs, the entities of the state or municipal public administration, the providers of certification services and the private individuals that request the use of the FEA.
The Law to which reference is made, describes in its various articles, provisions applicable to both the public function and individuals within their companies, or when carrying out procedures before a government body. It is worth mentioning that the use of electronic means to carry out procedures, communications, are optional for individuals, that is, it is not mandatory to carry out the procedures, whatever their nature, by digital means, it can be done by handwritten signature on a printed document, as has been done habitually, but in case of doing it by electronic means, an email address must be indicated to receive, when appropriate, data messages and electronic documents in the realization of the acts.
It is necessary to mention that the obligated authorities must give the same treatment to the individuals who make use of the advanced electronic signature in those procedures that are followed before them, with respect to those who do not use it.
However, the advanced electronic signature has the same value as the autographed signature, with respect to the information recorded on paper and, consequently, has the same evidentiary value as the printed documents. Another important fact is that any document that is originated through an FEA will be admissible as documentary evidence in any trial.
In the case of legal entities, to present digital documents on their behalf, you must use the FEA of the legal entity itself and for the processing of the FEA creation data, it can only be done through the representative or legal representative of the company, to whom it has been granted before a public notary, a general power of attorney for acts of dominion or administration.
Presumably, it will be understood that the digital documents containing the FEA of legal entities, were presented by the sole administrator, by the person who holds the presidency of the board of directors or the people who have the general direction, general management or administration of the corporation in question, at the time these digital documents were issued.
What does the use of the advanced electronic signature and electronic documents imply?
- Linkage with your signer. The advanced electronic signature accurately links the signer of an electronic document and digitally expresses his identity.
- Responsibility of the signatory. By using the aforementioned electronic signature, it is the duty to prevent any alteration in the content of the documents it issues, since it has exclusive control over the means to insert the signature, the use of which guarantees the integrity and authenticity of the signed information.
- Certification. The electronic document has been originated using an electronic certificate with legal validity by means of a secure signature creation device.
Data messages that contain the FEA are also given full validity, legal efficacy and obligation, and legal value, just as if it were a document written on paper and with an autographed signature (provided that the requirements of the Law itself and other provisions indicate).
Therefore, it is extremely important to take into account the consequences of mishandling the advanced electronic signature in the case of individuals and legal entities, therefore, if you require more information, do not hesitate to contact us to indicate what steps to follow, to issue the stated FEA and achieve legal certainty in your transactions and legal acts.
Lic. Alfredo Issa Holguín, partner and head of the litigation area of Inintegrum Corporación Legal, email: aissa@iclmx.com; Lic. André García Villalobos, associate in the litigation area: agarcia@iclmx.com.
