On September 14, 2022, Decree No. 73 of the Ministry of Justice and Human Rights was published in the Official Gazette, which approves the Regulation that establishes the form, characteristics and registration of public deeds granted through electronic means and the notarization of electronic documents, according to the provisions of Article 497 of the Code of Civil Procedure, in accordance with the provisions of Article 409 bis of the Organic Code of Courts, incorporated by Law No. 21.394.

In consideration of the entry into force of Law No. 21. 394, which modified Article 497 of the Code of Civil Procedure, in the sense of allowing the granting of the final deed of sale at public auction through an electronic document subscribed by means of an advanced electronic signature, and introduced Article 409 bis in the Organic Code of Courts, This regulation establishes a series of obligations and indications that notaries must follow with respect to the subscription of such electronic documents, as well as the formalities that they must have, among which it indicates:

– Compliance with the requirements of the first and second paragraphs of Article 404 of the Organic Code of Courts, plus the statements referred to in Article 405 of the same Code.
– They must be signed by the notary by means of an advanced electronic signature and electronic dating, in accordance with Law No. 19.799.
– They must form part of a protocol in accordance with the third paragraph of article 495 of the Code of Civil Procedure.
– Their duplicates or copies, which may only be granted by the authorizing notary, whoever subrogates or legally succeeds him or her, or the archivist in charge of the electronic protocol, must have an authenticity seal.
– Among others.

If you require additional information on this matter, please contact Jorge Tisné (jtisne@jdf.cl).