The Use of Electronic Signatures in Chile

SES (the signer has no personal digital certificate issued by an accredited CA) cannot be used where the law expressly requires the use of AES (the signer has a personal digital certificate issued by an accredited CA), for example:

(i) Public instruments in electronic form must bear the AES of the issuing official: an authorized electronic copy of a public document must bear the AES of the authorizing notary; a certificate of the civil registry must bear the AES of the issuing official, etc.
(ii) Judicial powers-of-attorney granted in an electronic document must be signed with the AES of the principal.
(iii) The forms for the constitution, modification, dissolution or annotations of companies from the Registry of Companies and Corporations must be signed with the AES of the constituents, partners or shareholders; or with the AES of the notary who authorizes the act if they do not have their own AES.

b) An electronic signature (FES or FEA) cannot be used when the LFE or other laws forbid the use of an electronic signature:

i) When the law requires a solemnity that cannot be complied with by electronic document
ii) When the law requires the personal attendance of any of the parties
iii) In acts and contracts related to family law

External Resources
helpx.adobe.com
https://www.carey.cl/
https://www.lexology.com/
https://uk.practicallaw.thomsonreuters.com/

Published: January, 2021

Disclaimer:
The information in this website is provided for general informational purposes only. No information contained in this website should be construed as legal advice from SigniFlow or any individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.