Name
Global FinTech Guide
Country _ Name
Costa Rica
SectionTitle
Signature requirements
Body
The signature requirements pertain the legal or contractual requirements in order to make a legally effective declaration of intent or a legally binding contract.

Possibility to replace a specific formal requirement of making a binding declaration of intention

In accordance with the Law of Certificates, digital signatures and electronic documents, documents and communications signed with digital signature will have the same value and evidentiary effectiveness as their equivalent signed in manuscript. In any legal norm that requires the presence of a signature, both digital and handwritten signatures will be recognised in the same way. Electronic public documents must bear a certified digital signature.

Presence of any specific formal requirements to effectively conclude a loan agreement

In principle, there are no specific formal requirements to effectively conclude a loan agreement.

Process of conclusion of a contract by using a qualified electronic signature in practice

In addition to the electronic device, the following components are required to create qualified electronic signatures: 

  • A qualified certificate on a secure signature creation device 
  • A smart card reader 
  • A corresponding software

Legal consequences to a contract in case of not fulfilling formal requirements

The contract is void. 
 

Usual practice of signing contractual agreements in the B2B sector

They are still usually signed in written for.

Usual practice of signing contractual agreements in the B2C sector

They are still usually signed in written form. However, in the e-commerce sector, contractual agreements which do not require the written or electronic form are made electronically by simply agreeing to the terms and conditions with a mouse click. 

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