The various agencies involved announced the measure, which represents a firm step towards modernizing the system in the country.
SANTO DOMINGO- The Plenary of the Supreme Court of Justice (SCJ) presented yesterday, July 31, the regulations that establish the guidelines for the application of digital documents and signatures in the exercise of the notarial function, with which instrument a firm step is taken towards the consolidation of a modern justice.
According to resolution number 50-2024 of the Plenary of the SCJ, the measure seeks to modernize and facilitate notarial processes, guaranteeing the security of documents in digital format, in accordance with the provisions of Law No. 140-15, on Notary, and Law No. 126-02, on Electronic Commerce, Documents and Digital Signatures.
The Regulation has the support of the Dominican Institute of Telecommunications, the Dominican College of Notaries, the Attorney General's Office, the Ministry of Foreign Affairs and the Association of Multiple Banks of the Dominican Republic.
During the ceremony, the Chief Justice of the Supreme Court, Henry Molina, stated that the approval of the regulations is part of the process of transforming the Judiciary into an open, humane, efficient, digitally competent branch of government committed to the rule of law.
“With this legal framework now in effect, citizens will be able to carry out notarial procedures from anywhere, eliminating travel, costs, and geographical barriers. This represents a substantial change in access to services, especially for those living in remote areas, for people with reduced mobility, and for those who require quick and efficient responses without sacrificing legal certainty,” he noted.
He asserted that the new framework reinforces the notary's role as guarantor of public faith, and fully preserves their legitimizing role, with tools to exercise it in more agile and secure virtual scenarios.
“The principle of document integrity, the protection of personal data, the tracking of each modification through traceability mechanisms, and the guarantee of confidentiality constitute essential ethical and technical safeguards in this new era,” said Henry Molina.
For his part, the president of the Dominican Institute of Telecommunications (Indotel), Guido Gómez Mazara, values that this joint effort reaffirms the commitment to a more agile, transparent and connected Dominican Republic with the technological standards of the 21st century.
“We celebrate this collaboration with the Judiciary as a firm step towards the digital transformation of the Dominican State. The implementation of digital signatures in notarial functions strengthens legal certainty and represents a significant advance in the efficiency and modernization of public services,” he stated.
Meanwhile, the president of the Dominican College of Notaries, Jhon Richard Paniagua, expressed the support of the organization he leads for the initiative, and noted that it marks a milestone in the modernization of the notary profession.
“Electronic signatures strengthen our role, provided they are implemented responsibly and with respect for legal certainty. This progress must be gradual, voluntary, and accompanied by adequate training. We reaffirm our commitment to an ethical and efficient digital transformation,” he stated.
The Dominican College of Notaries (CDN) is the institution responsible for ongoing oversight to ensure compliance with ethical and legal standards for the preparation of notarial instruments with secure digital signatures. To this end, the CDN will conduct a preliminary evaluation of those seeking authorization to issue secure digital signatures and will provide the necessary training.
Once authorized, notaries may request their signature be certified by the certifying entities accredited by Indotel, in accordance with current regulations. For consular officials, this authorization must be granted by the Ministry of Foreign Affairs (Mirex). These measures also apply to officials appointed as consuls abroad.
Similarly, the Board of Directors of the Notarial Management Platform is the collegiate body responsible for making strategic, administrative, monitoring, supervision and operation decisions for this regulation, which will come into force within a period of no more than 12 months from the date of its publication.
The event was attended by the Superintendent of Banks, Alejandro Fernández; the president of the Association of Multiple Banks of the Dominican Republic, Rosanna Ruiz; representatives of the Ministry of Foreign Affairs, as well as judges and members of the legal community.
ABA applauds approval
The Dominican Republic's Multiple Banking Association (ABA) celebrated the approval of the regulations governing the use of digital documents and signatures in the exercise of notarial functions, describing this as an advance that positions the country at the forefront of legal modernization and digital transformation.
"At the ABA, we value this regulation as a key milestone for the digital transformation of the Dominican notarial system. This step represents a decisive advance in strengthening legal certainty, guaranteeing digital authenticity, and promoting institutional efficiency in the country," the association stated in a press release.
Through resolution 50-2024, the Plenary of the Supreme Court of Justice approved the "Application Regulations for the Use of Digital Documents and Signatures," in order to regulate the use of secure digital signatures in notarial documents in accordance with the provisions of laws 140-15, on Notary, and 126-02, on Electronic Commerce, Documents and Digital Signature, among other regulations.
This regulation, which will come into force 12 months after its publication, will allow notaries to use digital tools for the drafting, signing and preservation of documents with full legal validity.
The ABA highlighted that this measure has a direct and positive impact on sectors such as finance, by reducing time and costs in transactions that require notarial validation, such as mortgage loans, corporate contracts and other key agreements.
The multiple banking association highlighted that the adoption of digital signatures in the notarial field generates multiple benefits, including strengthening legal security, viability and efficiency in business, greater inclusion, as well as traceability and transparency.
Regarding the first aspect, he indicated that the digital signature increases the levels of protection, authenticity and integrity of notarial acts, reducing the risks of manipulation or falsification.
According to the ABA, the possibility of carrying out notarial acts with digital signatures facilitates faster, safer and remote transactions, which contributes to the dynamism of the economy and greater competitiveness of the business environment in the country.
He added that the possibility of reducing geographical, economic and time barriersallows a greater number of citizens and companies to access reliable and secure notarial services, thus promoting equity and the digital transformation of business and justice.
Finally, the ABA argued that the standardized use of digital signature technologies will allow for greater control, verification of origin and validity of notarial acts, thus strengthening the confidence of all stakeholders.
"The ABA reiterates its commitment to the country's progress and the adoption of technologies that benefit all productive sectors. This regulation, by modernizing the notarial function, not only strengthens legal certainty but also promotes efficiency and inclusion in legal and financial services," the association concluded.
