Legal Updates

Collection proceedings may be opened based on an electronically signed promissory note authenticated by an approved issuer

February 11, 2025
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It was sought to open enforcement proceedings for a promissory note that was executed by manner of electronic signature.
The Court held that collection proceedings can be opened for an electronically signed promissory noteA certified electronic signature is a secure signature for which an approved issuer issues a certified electronic certificate regarding the means of verifying the signature that identifies it, and current technology allows the creation of a source file, unique, unchangeable, and which digital path can be traced in a manner that limits the nature of the trade. Therefore, such a signature is a distinct personal act that contains a sense of purpose indicating a commitment to assume a promissory note liability. In addition, generally, a promissory note, is a note intended for security and is usually non-tradable, so there is no concern about breaching the principle of trade. Here, the promissory note is non-tradable and therefore it can be used for the opening of collection proceedings even if it was signed electronically.