Electronic Signatures in Mexico

At ZapSign, we offer you the opportunity to electronically sign your documents with legal validity in Mexico through our Simple Electronic Signature service, as we use an asymmetric encryption system.

Is information contained in electronic media admissible in court? YES

The Federal Code of Civil Procedures recognizes information contained in electronic media as evidence, provided that the method of its generation, communication, reception, or storage is reliable, the content of the relevant information can be attributed to the obligated parties, and it is accessible for subsequent reference.

What is NOM 151?

It is a certificate that verifies the integrity of your digital documents (known as Data Messages) from the moment they were created. It confirms that these documents have not been modified or altered. NOM-151 is the technical regulation regarding the requirements for the preservation of Data Messages and the digitization of documents, meaning any document created by electronic means.

The content of a Data Message is considered intact if it has remained complete and unaltered from the moment it was first generated in its final form and is accessible for subsequent reference.

NOM-151 explains the process by which a Certification Service Provider (CSP) can issue a Conservation Certificate to provide an electronic document with the presumption of integrity.

If I sign with ZapSign, will my documents have NOM 151? Yes, all documents signed through ZapSign will have the NOM 151 certificate.

When you sign through the ZapSign platform, each document receives a Conservation Certificate issued by a CSP duly accredited by the Ministry of Economy. This Conservation Certificate can prove to any third party that the electronic document maintains its integrity.

Therefore, after signing documents through ZapSign, they will automatically bear a seal certifying compliance with NOM 151.

You can sign all documents except those cases that are excluded from electronic processes or those that have explicit requirements, such as handwritten signatures or formal notarial processes, which are generally not compatible with electronic signatures.

Examples of these excluded documents include:

• Notarial documents: Public deeds, wills, marriage certificates, among others that require the intervention of notarial authorities.
• Banking documents: Checks, vouchers, transfers, and others that involve the participation of banking institutions.
• Legal documents related to justice: Judgments, mediation agreements, among others that require the involvement of judicial authorities.

Mexican legislation allows the expression of will in legal acts to be carried out through electronic means, that is, through the use of electronic signatures.

1. Digital Autograph Signature: A Digital Autograph Signature is understood as any trace made in a handwritten manner through a technological device.
   • It is the equivalent of a handwritten signature on paper.
   • It is legally valid.
   • Admissible in court.

1. Simple Electronic Signature: Simple Electronic Signatures are understood as electronic data contained in a Data Message that allows the signer to be associated with the signed document.
   • It requires the exchange of keys and passwords.
   • It is the equivalent of a handwritten signature on paper.
   • It is legally valid and carries a presumption of attribution.
   • Admissible in court.
2. Advanced Electronic Signature: Advanced Electronic Signatures are understood as a set of data that allows the identification of the signer, created by electronic means under their exclusive control, in a way that is linked solely to the signer and the data to which it refers, making any subsequent modifications detectable.
   • It is the equivalent of a handwritten signature on paper.
   • It is legally valid.
   • Admissible in court.
   • It carries a presumption of integrity.
   • It includes a presumption of non-repudiation.
   • It must be issued by a competent authority.

Federal Civil Code

Article 1803, Section I: Consent can be express or tacit, and for this, the following shall apply:

• It is express when will is manifested verbally, in writing, through electronic means, optical means, or any other technology, or by unequivocal signs.

Article 1834, first paragraph: When a written form is required for a contract, the relevant documents must be signed by all parties obligated to do so.

Article 1834 bis, first paragraph: The conditions specified in the previous article are considered fulfilled through the use of electronic, optical, or any other technology, provided that the information generated or communicated through such means can be attributed to the obligated parties and is accessible for subsequent reference.

Federal Commercial Code

Article 89, third paragraph: Electronic, optical, or any other technology may be used in commercial acts and their formation.

Article 89 bis: No legal effect, validity, or binding force shall be denied to any type of information solely because it is contained in a Data Message. Therefore, such messages can be used as evidence in any legal proceeding before a legally recognized authority and will have the same legal effects as printed documentation, provided that the data messages comply with the provisions of this Code and corresponding regulatory guidelines.

Article 90: It is presumed that a Data Message comes from the Sender if it has been sent by the Sender personally, using means of identification such as keys or passwords of the Sender, or by a person authorized to act on behalf of the Sender in relation to that Data Message, or by an Information System programmed by the Sender or on their behalf to operate automatically.

Article 90 bis: It is presumed that a Data Message has been sent by the Sender, and thus the Recipient or the Party in whom trust is placed may act accordingly when:

• They have correctly applied a procedure previously agreed with the Sender to establish that the Data Message genuinely came from the Sender, or
  The Data Message received by the Recipient or the Party in whom trust is placed results from the actions of an Intermediary who provided access to a method used by the Sender to identify a Data Message as their own. Unless proven otherwise, and without prejudice to the use of any other method of verifying the identity of the Sender, it shall be presumed that due diligence was exercised if the method used by the Recipient or the Party in whom trust is placed complies with the requirements set forth in this Code for the verification of the reliability of Electronic Signatures. When the use of certified electronic communications is agreed upon, they must be carried out in accordance with the requirements provided in the Official Mexican Standard referred to in Article 49 of the Commercial Code.

Article 1061 Bis: In all commercial proceedings, information generated or communicated in digital, optical, or any other technology shall be recognized as evidence. The probative value of such messages shall be determined as provided in Article 210-A of the Federal Code of Civil Procedures.

Article 1205: All elements that can convince the judge regarding contested or doubtful facts are admissible as means of proof. Therefore, the statements of the parties, third parties, experts, public or private documents, judicial inspections, photographs, facsimiles, cinematographic, video, sound recordings, data messages, reconstructions of events, and, in general, anything that helps ascertain the truth shall be accepted as evidence.

Article 1298-A: Data messages are recognized as evidence. To assess the probative force of such messages, the primary consideration shall be the reliability of the method in which they were generated, communicated, received, or archived.

Federal Code of Civil Procedures

Article 210-A: Information generated or communicated in digital, optical, or any other technology shall be recognized as evidence. To assess the probative force of the information referred to in the previous paragraph, the primary consideration shall be the reliability of the method in which it was generated, communicated, received, or archived and, where applicable, whether the content of the information can be attributed to the obligated parties and is accessible for subsequent reference.

When the law requires that a document be preserved and presented in its original form, this requirement shall be deemed satisfied if it is proven that the information generated, communicated, received, or archived by electronic, optical, or any other technology means has remained intact and unaltered from the moment it was initially generated in its final form and is accessible for subsequent reference.

Official Mexican Standard NOM-151-SCFI-2016

General Law of Negotiable Instruments and Credit Operations

Article 29: The endorsement must appear on the respective instrument or on a sheet attached to it and must meet the following requirements:

I.- The name of the endorsee;
II.- The signature of the endorser or the person signing the endorsement on their behalf or at their request;
III.- The type of endorsement;
IV.- The place and date.

Article 38: The person in whose favor an instrument is issued in accordance with Article 23, while it has not been endorsed, is the owner of a nominative instrument. The holder of a nominative instrument with endorsements will be considered the owner of the instrument, provided they can prove their right through an uninterrupted series of endorsements.

Article 39: The payer is not obliged to verify the authenticity of endorsements, nor does it have the right to demand such verification. However, the payer must verify the identity of the person presenting the instrument as the last holder and the continuity of endorsements.

Article 170: The promissory note must contain:

• The statement that it is a promissory note, inserted in the document's text;
• The unconditional promise to pay a specific sum of money;
• The name of the person to whom payment is to be made;
• The time and place of payment;
• The date and place where the document is signed; and
• The signature of the subscriber or the person signing on their behalf or at their request
  
  

Legal Note: ZapSign cannot provide legal advice. You should consult with an attorney regarding your legal questions.