Reforms in Mexico City regarding the use of electronic media

Last August 4, the Decree by virtue of which various articles of the Civil Code for Mexico City and the Notary Law for Mexico City were added and amended regarding the use of electronic media was published in the Official Gazette for Mexico City.

By virtue of such decree, several provisions regarding digital performance in such entity were included. Below we refer to the most relevant ones:

a) Signing of contracts. In terms of the provisions of the current text of article 1834 of the Civil Code for Mexico City, when the written form is required for the execution of a contract, the documents must be signed in autograph form, with the use of the Advanced Electronic Signature (FIEL) or the Electronic Signature for Mexico City.

On the other hand, in those cases in which the law sets forth as a requirement that a legal act must be granted in an instrument before a notary public, such granting may be done in the ordinary protocol or in the digital protocol that he/she is in charge of in the scope of the notarial digital performance.

b) Bequest of digital assets. The bequest of digital goods or rights that may consist of e-mail accounts, sites, domains and electronic addresses of the Internet, electronic files such as images, photographs, videos, texts, as well as keys and passwords of bank or securities accounts, applications of financial technology companies of which the testator is the owner or user and for whose access a user name or key, key and password are required.

c) Open public will. It is acknowledged that the open public will may be executed before a Public Notary in the scope of his digital performance. Thus, this will may be signed using the Advanced Electronic Signature and by electronic means in certain cases, such as imminent danger of death, serious or contagious illness, life-threatening injuries or in the event that the testator is in a place that, due to an exceptional situation, cannot be accessed in person.

d) Voting in non-profit associations. As of the published reforms, the partners and associates may adopt resolutions taken outside the meeting, which will be valid as long as they are taken unanimously and are confirmed in writing in a physical or electronic document, either with the autographic signature or with the Advanced Electronic Signature of all the associates or partners.

e) Digital Notarial Performance. The Notary Law for Mexico City, as of the reform that concerns us, provides that it is possible for notaries in such entity to exercise the notarial function through electronic, optical means or any other technology, in the environment of a digital protocol, with functional equivalence to the ordinary protocol in a closed and centralized digital environment through the Integral Notarial Network according to the rules of use to be developed by the Notary Association. Said network will be part of a computer system that will be linked to each notary’s office in Mexico City and the Notary Association. 

For purposes of the foregoing, the Notary Law has introduced new concepts such as the Appendix of the Electronic Instrument, Electronic Certificate, Electronic Notarial Signature that has the same legal value as the autograph signature, Electronic Index, digital protocol, Electronic Instrument, electronic signature for the digital notarial performance that may be used by the users of notarial services, etc.

Although the amendments to the Civil Code entered into force one day after the publication in the gazette, the amended provisions and additions related to digital notarial acts will enter into force two years from the date of their publication in the Official Gazette for Mexico City.

The Digital Agency for Public Innovation will have a term of up to two years, counted as of the publication of the law, in order to make the technical adjustments for the development of the technological tools provided therein.

Should you require additional information in connection with this matter, please do not hesitate to contact us.

Yours sincerely,

Cannizzo