Technical instruction updates e-signature eligibility regulation

Technical Normative Instruction No. 02 (“ITN 02”) – published by the Brazilian National Operator of the Electronic Real Estate Registry System (“ONR”) – regulated the use of electronic signature services considered reliable by the ONR, in compliance with the Trusted Electronic Services List of the Real Estate Registry (“LSEC-RI”).

The instruction also established guidelines for using electronic signature for real estate records.

Although ITN 02 was published on October 11, 2024, it was canceled a few days later after the analysis of the Disciplinary Board of the Courts (“CNJ”), which determined that paragraphs 1 and 2 of Article 5 of ITN 02 be suspended, as they provided for a more restrictive list than that established in Article 329-A of CNJ Provision No. 149/2023.

As a result, ITN No. 02 was republished on November 05, 2024. Although the requirement that electronic signatures be made by digital certificate has been maintained, certifiers other than ICP-Brasil can now be used. The commonly known “E-Notariado” is part of the list of certifiers that has been extended to include new entities, which has the potential to foster fair competition. Ironically, the Gov.Br certification is under discussion due to uncertainty regarding its applicability.

ITN 02 determined the need for LSEC-RI to describe electronic signature modalities including an integration mechanism through API (Application Programming Interface), enabling both the automated validation of signatures through the ONR systems (QR-Code, hash, or electronic address) and the confirmation of authenticity and integrity of documents. Such a mechanism must be linked to the government website and will certainly facilitate verification of electronic requirements.

Another important point was granting access to the real estate registry of documents executed by the government, even if signatures do not meet the requirements of LSEC-RI. This measure reduces the time involved in processing administrative measures for registration and considers the difficulty that individuals can face in obtaining compliance with the different public agencies’ requirements.

Evidently, the ITN sought to increase access to qualified signatures while granting efficiency and safety to real estate registration processes, fostering the use of reliable and inter-operable electronic signatures, which will simplify the registration of several instruments in the real estate sector.

This is another step towards modernizing the tools available to the real estate sector and strengthening the integrity, authenticity, and authorship of electronic documents to be recorded in real estate registries. Real estate registries and other offices in Brazil are responsible for monitoring this modernization and quickly accepting other signature certification methods.

Demarest’s Real Estate team is monitoring the developments regarding topic and is available to provide any further clarifications that may be necessary.