The congresswoman Rosselli Amuruz Dulanto Avanza País proposes to replace the digital signature requested for the alternative corporate regime called Simplified Closed Share Company (SACS) by electronic signature and other mechanisms, in such a way that the formalization and revitalization of micro, small and medium-sized businesses is promoted, since currently this procedure is usually very intricate.
Bill 6016 proposes the modification of 2 articles and the second final complementary provision of Legislative Decree 1409 so that it is established that the electronic signature can be used when establishing a company in National Superintendence of Public Registries (Sunarp).
“Although the increase in mypes established online under the legal framework contained in Legislative Decree 1409 has been important, it is important to perfect this rule to facilitate the constitution of online companies. It would be convenient to modify said decree, to the extent of allowing the use of electronic signature (…) and not require the use of the digital signature whose operation is more complex and less accessible for entrepreneurs”is maintained in the document.
In this regard, Carlos Enríquez, senior associate of the Corporate area of the Miguel Mur & Abogados firm, points out that, if the bill is approved, the immediate consequences would be positive for the formalization of trade, as long as Sunarp establishes the relevant mechanism that allows verification the authenticity of the electronic signature in order to avoid fraud.
“The rule that regulates the SACS establishes that the incorporation document generated through this platform be signed using only the digital signature of the founding shareholders. However, the standard did not take into account that implementing a digital signature involves a series of procedures that discourage the use of this mechanism, such as the use of special software provided by Reniec or contracted to a company authorized by Indecopi; have an electronic ID; use of a special card reader that validates the digital certificate of the electronic DNI”explains Enríquez.
The initiative is already in the Economy Commission for evaluation; If approved in this instance, it may go to the Plenary for debate and vote. Once the measure is enacted, the Ministry of Economy and Finance (MEF) will have 30 calendar days to make the adjustments that correspond to the Regulations of Legislative Decree 1409.
Source: Larepublica
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