On August 4th, 2021, the Decree that amends several provisions of the Civil Code of the Federal District and the Notaries Law of Mexico City regarding the entered into and validity of digital legal acts or through electronic means was published in the Official Gazette of Mexico City.
Comments
The most relevant provisions are the following:
– It is recognized that the ownership of digital assets or rights assets stored in computer equipment, electronic devices, platforms, computer server equipment’s, social media, or physical devices to access an electronic resource may be granted through a legacy.
E-mails, web sites, internet domains and electronic addresses, codes and passwords of bank accounts or securities, financial applications that require a username or password, electronic files such as images, photographs, videos, etc. are considered as digital assets or rights assets.
– The Open Public Testament (OPT) may be granted upon Public Notary by means of a digital performance. The testator may manifest his consent through the use of the Advanced Electronic Signature (AES).
Also, the OPT may be granted by electronic means when the Public Notary and the testator may see, listen, and communicate with each other directly, simultaneously and in real time during the granting of the testament. For such purposes, it is required that the testator is either: (i) in imminent risk of death; (ii) suffer at that moment a major or contagious disease; (iii) has life-threatening injuries; or (iv) may not be able to physically present in the granting of the testament.
It is important to note that the referred provisions regarding the OPT will enter into force on August 5th, 2023.
– On regards to the civil agreements’ form in which it is required that they are entered into in a written form, the corresponding documents must be signed by every individual compelled to, either by autograph signature, AES, or the Electronic Signature of Mexico City.
– Regarding Civil Associations (CA) and Civil Societies (CS), the associates or partners, depending on whether the case, can celebrate meetings by videoconferences that allow real time communication and indicating in the convening the electronic means by which the meeting will be held, the e-mail, number of meeting and if applicable, the password. The meeting must be recorded and kept by the administrator or administrative body and a copy of the recording must be included in the corresponding minute, which may be drafted in written form and autographically signed, or in an electronic document and signed with the AES.
Recommendations
The digital resources or electronic means are important factors to weigh the way to celebrate diverse legal acts, particularly, agreements and contracts, as well as CA and CS meetings, and the minutes that are drawn up for this purpose; therefore, we suggest analyzing and enhance the technological tools in order to provide additional benefits to such legal acts, such as the “certain date”, and inclusive, specify within the CA and CS bylaws the use of such digital tools.
If you have any questions regarding the foregoing, please do not hesitate to contact us.
Mexico City, August 10, 2021
