Contributor: Rodriguez Grellet Abogados
Author: María del Milagro Rodríguez Grellet and Cecilia Rodríguez Grellet
1. Is there specific legislation in Argentina ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?
Argentina has not regulated the use of digital platforms to execute legal documents, with no exception for aviation legal documents. All documents must be submitted with a signature by a legal representative and can be filed in person or through the official portals. The Authority can request the legal representative to present the power of attorney or proof of capacity in person with the original documentation for their review.
2. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?
3. Does the Aviation Authority in Argentina use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?
Argentina has established electronic registration for aircraft Documents and Aircraft Lease Documents, including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs. The applicant has the option to file the registrations in person; however, it is recommended to use electronic registration to avoid delays. The Authority has established that some registrations must be filed online, such as all legal documents related to Drones.
4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in Argentina?
Argentina has implemented the official portal (TAD) to facilitate the parties to upload electronic files for registration. The requirements are not different from the presentation that used to be done in person and are subject to verification from the Authority. It is mandatory to file all documentation in color to allow the Authority to verify the document is an exact copy of the original. For those documents that need external signatures, like certification granted by professional institutions like the Bar Association or Translators Association, they must comply with the same requirements.
5. Do the courts of Argentina consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?
No. There are no documents that are not required for registration with the Aviation Authority in Argentina but can be valid by the use of some type of digital certification.
6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Argentina?
It is possible to upload lawsuits, pleadings and procedural documents electronically.
Since 2016, a digital system has allowed attorneys to use electronic filings in court. The Federal Court has its own system (Judicial Federal Court), and the state jurisdiction has its own system and particular requirements. Only the attorneys from the bar jurisdiction are allowed to use the portal and must stay their appearance in the matter before filing. All legal notices to the attorneys in record are electronic.
In the process of change and modernization in the provision of the justice service, which the Supreme Court of Justice of the Nation has been developing in the framework of the institutional strengthening program of the Judicial Power of the Nation and in use of the faculties granted to it the National Constitution, this Court proceeded to regulate different aspects related to the use of electronic and digital technologies and, consequently, ordered its gradual implementation in the field of the Judicial Power of the Nation from the implementation of different computerization projects and digitization.
Thus, within the framework of the provisions of arts. 5th and 6th of Law 25,506 on Digital Signature, arts. 286 and 288 of the Civil and Commercial Code of the Nation and Law 26,685, which authorizes the use of files, documents, communications and electronic addresses, as well as electronic and digital signatures, in all judicial and administrative processes that are processed before this Judicial Power of the Nation, with the same legal effectiveness and probative value as its conventional equivalents, while authorizing the Supreme Court to regulate its use and order its gradual implementation, the conformation of the electronic file was regulated, as well as the digital file.
For this purpose, different electronic information processing functions were incorporated into the Judicial Management System in accordance with the agreed 31/2011 -Electronic Notifications-; the agreed 14/2013 -of mandatory application of the Judicial Management System-; the agreed 38/2013 -of electronic notifications for all jurisdictions and instances of the Judiciary-; the agreed 11/2014 -which provides that a digital copy of the pleadings submitted by the parties be attached-; the agreed 3/2015 -mandatory application of electronic notification, copies of presentations, exemption from filing mere formality writings on paper, digital Note Book, in all judicial processes- and the agreed 16/2016 -which approved the regulation for the entry of causes by electronic means, lottery and allocation of files, providing for its gradual implementation, as agreed 5/2017 and 28/2017-.
7. Do the courts of Argentina accept procedural documents executed digitally? Is there any specific certification required? Does Argentina make any distinction between official digital signatures and private digital signatures?
Since 2016, with the digitalization of the judicial system, the Court adopted the digital signature in the General Secretariat of Administration. In 2020, the Federal Court and lower court approved the use of the electronic and digital signature in their jurisdiction. In 2022, the Supreme Court of Justice of the Nation approved the use of the Electronic Administrative File, which will be implemented through the Administrative File Management System (SGEA).
The signature of the signatories must be previously registered before the Jurisdiction, a process that requires to be registered in the bar; only attorneys can register, and it does not need to be renewed.
Argentina Law makes distinctions between official digital signatures and private digital signatures.
a. It is presumed, unless proven otherwise, that any digital signature belongs to the holder of the digital certificate that allows the verification of the signature.
b. If the result of a digital signature verification procedure applied to a digital document is authentic, it is presumed, unless proven otherwise, that this digital document has not been modified from the moment it was signed.
c. A digital signature is valid if it meets the following requirements: a) has been created during the validity period of the signer’s valid digital certificate; b) be duly verified by reference to the digital signature verification data indicated in the certificate according to the corresponding verification procedure; c) the certificate has been issued or recognized by a licensed certifier.
d. Sender. Presumption. When an electronic document is signed by an application certificate, it will be presumed, unless proven otherwise, that the signed document comes from the person holding the certificate.
8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?
No, there are no formal requirements, but the formalities depend on the organisms where the document must be submitted. Ex.: Notary certification or apostille.
9. Can foreign entities not located in Argentina execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Argentina? Are there any other formalities required?
Argentina does not have any exceptions to the execution of Lease Agreements or any Finance Documents with digital signatures by foreign entities. All parties, domestic and international, are permitted to file agreements for registration with the Aviation Authority in Argentina. But the firms must be certified with notary acknowledgment by a notary, and the documents apostilled.
10. Does the Aviation Industry in Argentina usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?
Argentina has not incorporated digital tools to replace paper documentation as a proof of original. Technology has not replaced paper files entirely; in the end, the physical registry is the latest proof. Accordingly, the Authority may still request representatives to submit paper documents to verify the authenticity and accuracy of the digital documentation previously submitted.
11. Are there any Notary or Apostille requirements in Argentina? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?
a. Has Argentina implemented the e-Apostille program?
Even in cases where representatives file documents online throughout the Authority portal, the apostille and notary certification apply to electronically executed documents; this requirement has not been replaced for a digital apostille. All documents issued in a foreign country must have the apostille attached and files in color to allow the Authority to verify it is an accurate copy of the original.
To date, the only requirement is that the PDF document must be scanned with colors in order to be submitted online before the Aviation Authority.
a. The e-Apostille program has been implemented in Argentina. However, the program needs to improve the times, considering that the procedures do not have a specific resolution term since they are subject to the operation of the computer system and the volume of requests. The current term for resolution of the procedures is around 30 business days from the date of generation of the file.
Those who meet the following requirements can carry out the process: 1. Be over 18 years old, 2. Have a Fiscal Code Level 2 or higher, 3. Have a bank account in Argentina associated with the Tax Code.
Until the processing times are improved, most of the representatives opt to obtain a physical apostille to avoid delays and submit a scanned copy in compliance with the electronic file requirements.