Electronic signature and electronic seal for Monegasque professionals issued in Monaco

Professional electronic certificates (corresponding to a digital identity card (1)) enabling an electronic signature (natural person representing the legal entity) or an electronic seal (on behalf of the legal entity) to be affixed are delivered to companies registered in the Monegasque RCI (2).

These are only intended for professional documents (contract, order form or delivery form, invoice, commitment document, declaration, pay slip…), excluding personal documents, and recognised on Monegasque territory.

The (updated) list of Trusted Service Providers qualified (PSCoQ) by the Monegasque Digital Security Agency (AMSN) for the creation of qualified electronic signature and electronic seal certificates can be consulted on the official AMSN website > https://amsn.gouv.mc/Services-...

Until 19 June 2024 (check for updates), these PSCoQs are as follows: Direction de l'Expansion Economique, Mairie de Monaco, Direction de la Sûreté Publique, Direction des Ressources Humaines et de la Formation de la Fonction Publique.

Electronic certificates are valid for 3 years from the date of issue (renewable before their expiry date). The fee of €120 (three-yearly amount) collected for the benefit of the Treasury must be paid as from the filing of the request for the issuance of an electronic signature or seal.

Our law firm can act as a certification agent (mandataire de certification) in order to manage your company’s fleet of electronic certificates during their life cycle: registration process including the control of the file and the identity of the holder, renewal and revocation process with the DEE.

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As a reminder, the Civil Code guarantees that digital documents (provided that the person from whom they originate can be duly identified and that they are drawn up and stored in conditions that guarantee their integrity) and paper documents have equivalent probative value. (3)

The electronic signature is the essential tool for digital documents, just as the handwritten signature is for paper documents. Reserved for natural persons, it makes it possible to identify the signatory of a document and guarantee its integrity, for the signatory to express his or her consent, and to carry out administrative or commercial acts at a distance. The use of the electronic signature is an option for Monegasque professionals, who retain the possibility of signing their documents by hand.

The electronic seal is the more elaborate digital version of the company stamp. It allows to prove that an electronic document has been issued by a legal person by guaranteeing the origin and integrity of the document, but unlike the electronic signature for natural persons, it does not allow the legal person to express its consent. The use of an electronic seal is an option for companies, in order to seal and reinforce the legal value of their dematerialised business documents, by providing the additional guarantee that they have not been modified.

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Reference texts for professional electronic signature and electronic seals certificates issued by the DEE:

• Ordonnance Souveraine n° 11.986 du 2 juillet 1996 portant création de la Direction de l’Expansion Economique, modifiée par l’Ordonnance Souveraine n° 8.450 du 24 décembre 2020
• Arrêté Ministériel n° 2020-917 du 24 décembre 2020 portant application de l’Ordonnance Souveraine n° 11.986 du 2 juillet 1996 portant création de la Direction de l’Expansion Économique, modifiée, fixant le montant des droits de délivrance des signature et cachet électroniques

More information of the Monaco Government website > https://monentreprise.gouv.mc/...

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NOTES

(1) The Certificate contains : – The surname and first name of the holder (natural person); – The serial number of the Certificate; – The registration number in the Répertoire du Commerce et de l’Industrie (RCI); – The role of the holder within or on behalf of the company; – The name of the company; – The country; – The holder’s professional e-mail address.

(2) The Répertoire du Commerce et de l’Industrie (RCI) lists commercial activities, companies other than civil companies and economic interest groups > https://www.rci.gouv.mc/rc/

(3) Article 1163-1 of the Civil Code.

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