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Electronic Contract Signing: Efficiency or Legal Risk?

Electronic contract signing is no longer a trend—it has become standard practice in the business world. Platforms such as DocuSign® and other technological solutions allow parties to execute agreements quickly, reduce turnaround times, and streamline document management, particularly in remote or cross-border operations. However, adopting these tools is not without legal risk if they are not implemented correctly. Technological efficiency alone does not guarantee the legal validity, enforceability, or evidentiary strength of a contract. What Is an Electronic Signature? An electronic signature is a mechanism through which parties express their consent using digital means. For an electronic signature to be legally effective, it must comply with specific technical and legal requirements established under applicable law. Not all electronic signatures offer the same legal scope, level of security, or evidentiary value. Main Benefits of Electronic Signatures Among the most relevant advantages of using electronic signatures in contractual processes are: Greater agility in contract execution and reduced signing times Lower operating costs associated with physical documentation and in-person processes Improved document control, traceability, and version management Easier execution of transactions involving parties located in different jurisdictions These benefits explain why an increasing number of companies are digitizing their contracting processes. Legal Risks and Challenges to Consider The improper or indiscriminate use of electronic signatures may give rise to significant legal contingencies, including: Use of a type of electronic signature that is inappropriate for the nature of the contract Difficulties in proving authorship, consent, or document integrity in the event of a dispute Insufficient mechanisms to verify the identity of the signatories Risks related to information security and personal data protection In audit, litigation, or contract review scenarios, these issues may compromise the validity or enforceability of the agreement. A Key Point: Not All Contracts Are Signed the Same Way Not all transactions should be documented using the same type of electronic signature. The appropriate solution must be determined on a case-by-case basis, taking into account the nature of the legal act, its effects, the level of risk involved, and the identity of the parties. In some cases, a simple electronic signature may be sufficient; in others, an advanced electronic signature will be essential. Recommendations for Secure Implementation Before adopting electronic signing platforms on a large scale, it is advisable to: Assess the type of contract and the associated legal risk Verify that the electronic signature and platform comply with the Commercial Code, the Advanced Electronic Signature Law (LFEA), and standards such as NOM-151-SCFI-2016 Establish clear internal policies governing the use of electronic signatures Ensure adequate evidentiary support and document retention mechanisms Specialized Legal Support The key is not merely to adopt technology, but to integrate it properly into a company’s legal and compliance processes. At Roqueñí Abogados, we assist organizations in the secure implementation of electronic signature solutions, aligning operational efficiency with regulatory compliance to mitigate risk and strengthen the legal validity of their contracts.

Responsibilities of the Chair of the Oversight Committee in a Condominium

In condominium life, proper management does not depend solely on the administrator or the Management Committee. There is a key figure responsible for ensuring order, transparency, and regulatory compliance: the Chair of the Oversight Committee. This role goes far beyond a merely observational function. It involves active supervision, with a direct impact on condominium governance, the protection of common property, and the prevention of legal disputes among condominium owners. Below, we outline the essential functions, duties, and legal responsibilities associated with this position. 1.General supervision of the condominium The primary function of the Chair of the Oversight Committee is to ensure that the condominium is managed in an orderly, lawful, and efficient manner. This includes overseeing: The proper administration of common resources Compliance with internal regulations The actions of the administrator and the Management Committee The Chair’s role is to verify that operational and financial decisions comply with applicable regulations and the resolutions adopted by the Assembly. Review of accounts and financial transparency One of the most sensitive responsibilities of this position is the periodic review of the condominium’s financial information. The Chair must review, among other matters: Income and expenses Maintenance fees Reserve funds Accounting and banking reports The objective is to detect irregularities in a timely manner, prevent mismanagement of resources, and ensure transparency toward the condominium owners. Verification of regulatory compliance The Chair of the Oversight Committee must confirm that the administration complies with: The condominium’s internal regulations The applicable Horizontal Property Law The resolutions approved by the Assembly Safety, coexistence, and operational rules This preventive oversight function is essential to reducing legal and operational risks that could otherwise lead to disputes or sanctions. Convening and participation in Assemblies Although the Assembly is the highest authority within the condominium, the Chair of the Oversight Committee plays an important role in its proper functioning. Among the Chair’s powers are: Requesting the convening of meetings when necessary Presenting oversight and supervision reports Proposing corrective or preventive actions In addition, the Chair must follow up on the resolutions adopted, ensuring that they are implemented as approved. Management of condominium owners’ complaints The Chair also serves as a point of contact for complaints or concerns raised by condominium owners. Their role includes: Receiving and documenting complaints Analyzing the facts objectively and impartially Promoting solutions within the scope of their authority It is important to note that the Chair should not replace the administrator or exceed the powers granted to the position, but rather act as a mechanism of balance and internal control. Legal responsibility of the position The Chair of the Oversight Committee may incur civil liability if they: Fail to properly perform their supervisory duties Tolerate or ignore known irregularities Act beyond the powers granted by law or internal regulations Fail to follow up on mismanagement or serious misconduct For this reason, the position must be exercised with diligence, adequate documentation, and, when appropriate, specialized legal advice. Recommended best practices For the proper performance of this role, it is advisable to: Maintain transparency in all reviews and reports Keep records and supporting documentation Hold regular meetings with the administration Communicate clearly and objectively with condominium owners Avoid conflicts of interest These practices strengthen condominium governance and significantly reduce legal risks. Conclusion A strong and well-advised Oversight Committee can prevent conflicts, avoid unnecessary expenses, and protect the condominium’s common property. At Roqueñí Abogados, we assist condominiums, committees, and administrators so they can operate with clarity, efficiency, and legal certainty, under a preventive and strategic approach.

Asambleas Anuales: mucho más que un requisito legal

Annual Assemblies: Much More Than a Legal Requirement

The General Corporations and Partnerships Law (LGSM) requires all companies in Mexico to hold an annual shareholders’ or partners’ meeting within the first four months following the close of the fiscal year.

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