CNR announced the validity of the electronic signature in the Renewal of Company Registrations and the Extracted Certification process

By: Nadya León

nadya@romeropineda.com

On December 10, 2021, the National Registry Center announced that, as of that day, the validity of the Certified Electronic Signature would be used for the renewal of company registration, being the first service of the Commerce Registry with this type of signature. .

Later in January of this year, it also announced the validity of the Certified Electronic Signature for the Extracted Certification process, issued by the Real Property and Mortgage Registry.

In accordance with the Electronic Signature Law, which has been in force since April 2016, the Certified Electronic Signature is defined as the data in electronic form, recorded in a data message or electronic document, logically associated with it, which are generated through a secure creation device and allow the signature to be exclusively linked to its owner. Furthermore, the same Law in its article 24 regulates its evidentiary legal effects, having the same validity and the same legal and evidentiary effects as a handwritten signature in relation to the data contained in a document or electronic data message in which it was used.

That is to say, the Renewal of the Company Registration issued by the Registry of Commerce with an Electronic Signature, as well as the Certification Extracted by the Registry of Real Estate and Mortgages, has the same validity as the one issued physically with a handwritten signature of the registrar.

The Renewal of the Company Registration, of a company or natural person (Art. 411 Commercial Code), can be requested online or in person by the natural person or by the legal representative or attorney-in-fact in the case of a legal entity. , with the following requirements: Complete application, original balance sheet from the previous year or deposit number, original DIGESTYC certificate and original receipt. The request must detail whether you wish to receive the resolution with a certified electronic signature or not. If the answer is affirmative, an email must be established clearly and without errors to receive the Resolution with a Certified Electronic Signature, since there will be no forwarding of mail, nor physical delivery of the resolution. If necessary, you can request a literal certification of the Renewal of the Commercial Registration (Art. 72 Commercial Registry Law).

Likewise, the Extracted Certification can be requested online, you must select "electronic signature" as the delivery format, complete the form and clearly and without errors establish an email to receive it.

These innovative services are now available for users who wish to make use of modernization and contribute to the progress of digital services in El Salvador, which will ultimately translate into promoting trade and the economic development of the country.

If you have any questions about these services or procedures, do not hesitate to write to me, I will be happy to help you.