Law on the digitalization of judicial collection

Today, Thursday May 13, Law number 9973 was published in the 95th Scope of La Gaceta number 91. Said Law, called “Reform article 460 of Law 3284, Code of Commerce, of April 30, 1964, Law for the digitalization of judicial collection” modifies article 460 of the Code of Commerce, with the purpose of making the electronic invoice an enforceable title.

The new text of said amended article reads as follows:

“Article 460- The invoice shall be an enforceable title against the buyer for the amount in shortfall, provided that it complies with the signature of the buyer or his duly authorized agent. The amount stated in a commercial invoice is presumed to be certain and the signatures covering it, authentic.

In the event of being recorded in a physical document, the tax stamp must also be added at the time of submitting it for judicial collection. The value of the stamp will be that which would correspond to a promissory note and will be charged to the debtor as collection expenses.

The electronic invoice will also be an enforceable title as long as it has the digital signature of the purchaser or his duly authorized agent, in which case, the corresponding tax stamp must be added to the printed copy of the digital invoice that will be submitted to the lawsuit together with the digital backup of the original.”

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