Conservative sector of notaries opposes technological transformation: Gerardo Carrasco

After the National College of Mexican Notaries, AC reported through a statement that digital notary acts are illegal, legal specialists have agreed that there are great opportunities with the arrival of LegalTech.

According to Gerardo Carrasco, co-founder of the National Council for Strategic Litigation, although all sectors of the population are very clear about the benefits of using technology that allows digital consent to be stamped, it is natural that opinions arise , especially within the notarial union, of rejection of the technological change that current businesses demand.

“It is natural that we find ourselves with an aversion to change, but as legal professionals we have to support technological innovation. This is how, for example, the regulation on the granting of consent by digital means has evolved in the Commercial Code and in official Mexican standards. Although the notarial laws do not prohibit it, they must be adapted so that there is no doubt about the digital appearance”.

The first legal documents written on a typewriter in Mexico were drafted at the beginning of the 20th century and before the arrival of this invention, legal documents were written by hand, which made the drafting of legal documents a very slow and difficult process. unsafe.

“For example, the advent of the typewriter was met with skepticism and resistance by scribes and typists who strongly opposed its use. Today, we are facing a similar situation, there are sectors that do not want technological advances to be presented that save people time and money, that make businesses agile and that facilitates the verification of the identity of the signatories. It is good that the debate is beginning to open ”, he explained.

Benefits of digital signatures

Regarding the benefits, the specialist pointed out some of the improvements offered by digital notaries.

“The use of the electronic signature represents great advantages such as authenticity, since electronic documents are difficult to falsify.”

Likewise, he said, electronic documents can be verifiable in computerized media in a matter of seconds without having to consult any file or record.

The litigant recognized that a great advantage of the electronic signature is that it guarantees the integrity of the documents, as is not the case with the physical signing of deeds before a notary, so that the documents signed in this way are much more secure and also guarantee the identity of the signer.

In addition, he assured that it is legally viable for those who appear before a notary to do so remotely, there are no regulations that expressly prohibit it. The task of the notary in these cases is to verify through remote means that the person appearing is actually the one who participates in the legal act.

fear of change

When asked “why is there such an emphatic pronouncement against digital signature services in notaries?” Carrasco responded that this may be due to a lack of technological knowledge and a fear of change.

Regarding the accusations of illegality in terms of digital notaries, the litigant Carrasco specified that, although it is valid for the colleges to issue their opinion on the matter, in any case, who has the last word is the Judiciary and the judges, who he said “have spoken out in favor of technology adoption.”

“I do not share the College’s criteria, notarial services must ultimately favor users. Despite the fact that state laws do not prohibit the use of this type of technology to grant consent, substance must always be prioritized over form. One should not turn one’s back on the benefits of technology in the 21st century, as it would be tantamount to denying the right to enjoy the benefits provided by advances in science, technology and innovation”.

Finally, Gerardo Carrasco reflected that the granting of consent by electronic means is regulated by the Advanced Electronic Signature Law, the Civil Code and the Commercial Code, as well as official Mexican regulations. He said that “notaries public have been expressly authorized to act on electronic instruments. It is important that both those who provide the service and the users themselves know it. Anyway, it’s good that the debate is already taking place.”