Print version | August, 2021 |
On August 4, 2021, the Decree whereby articles of the Civil Code for Mexico City (the “Civil Code”) and the Public Notary Law of Mexico City (the “Notary Law”) were added and amended was published in Mexico City’s Official Gazette.
Through these reforms, different concepts were introduced to the Civil Code that will help give greater certainty to the acts celebrated through electronic means. For these purposes, the following modifications, among others, were made:
a) Offers. When an offer is made by electronic or optical means or any other technology that allows the expression of the offer and the acceptance thereof, and when there is no time limit for the acceptance, if the offer is not accepted immediately, the offeror will no longer be bound by it.
b) Formality. When an agreement is required to be executed in writing, the related documents shall be signed by all those on whom such obligation is imposed, and this may be done by using the Advanced Electronic Signature or the Mexico City Electronic Signature.
In those cases in which the law provides as a requirement that a legal act must be executed before a notary public, such execution may also be made in the digital protocol entrusted to the notary public in the terms established by the Notary Law.
Along with the amendment to the Civil Code, the Notary Law was amended to incorporate provisions that will allow Notary Publics to act remotely, through digital means. Thus, the figure of Digital Notarial Intervention was incorporated to the Law, which shall be understood as the exercise of the notarial function through electronic or optical means or any other technology.
In addition, Electronic Certificates, the Notarial Electronic Signature, and Electronic Instruments were introduced; the latter will be the electronically signed deeds issued by Notary Publics in the exercise of their functions.
This reform revolutionizes and updates the notarial function by allowing the use of said means for the formalization of agreements that may require the intervention of a Notary Public, such as real estate purchase, sale agreements, and some real estate lease agreements, among others.
One of the main benefits may be reflected in a possible reduction in response times for the location of information thanks to the implementation of electronic indexes and computer systems for the storage of Electronic Instruments and, therefore, it can be foreseen that response times for the registration of notarial instruments in the Public Registry of Property and Commerce shall be expedited.
These amendments became effective as of August 5, 2021, except for the provisions related to the Digital Notarial Intervention and correlative concepts such as Digital Protocol, Electronic Instrument, Appendix of the Electronic Instrument, Book of Extracts, Electronic Signature for the Digital Notarial Intervention, and any other analogous or related to such activity, which will become effective two years after the date of the amendment’s publication in Mexico City’s Official Gazette.
Mexico City Office
Mr. Vicente Grau A. (Partner)
Ms. Claudia Rodríguez C. (Partner)
Tel.:+52 55 5279.5400
Tel.:+52 81 8133.6000
Mr. José Ramón Ayala A. (Partner)
Tel: +52 442 290-0290