6. SPECIAL PERMITS 6.3 ELECTRONIC SIGNATURE FOR CERTIFICATION SERVICE PROVIDERS (PSC) In accordance with the LAW FOR ELECTRONIC SIGNATURES of Honduras (approved by decree No 149-2013, published in the Official Gazette, number 33,301 of December 11, 2013), and its regulations [approved by Executive Agreement No. 41-2014, issued on December 12, 2014 (official notice SECM No 155-2015)] and published in the Official Gazette on May 21, 2015 - articles 25 and 40 establish the "ACCREDITATION PROCEDURE FOR CERTIFICATION AUTHORITIES OR CERTIFICATION SERVICE PROVIDERS (PSC, for its acronym in Spanish)”. Accreditation is an administrative process; therefore, the rules and regulations that govern it are part of the national legislation and are available in the Official Gazette. As stated in the subscription of the application, it implies the acceptance and intention to be certified as a provider of certification services (PSC) within its framework. REGARDING THE AUTHORITHY OF THE REPRESENTATIVE OR APPLICANT: The authority of the natural person acting on behalf of the applicant shall be established as follows: a. In case of Legal Entities Incorporated in the country: the powers granted to the representative must be recorded in the power of attorney or mandate that accredits the representation. The presentation of the authenticated or cross-checked copy of the respective power of Attorney will be sufficient for such purposes. b. In case of Legal Entities Incorporated Abroad: the corresponding powers of Attorney or mandates must be certified with apostille or, where appropriate, legalized by a consular official of Honduras. If written in a foreign language, translation into the official language will be required, and the person responsible for the translation must sign the corresponding document. c. In case of State Institutions: the agreement of appointment of the person in charge of directing the office, management, or internal unit in charge of the provision of the digital certification service shall be accredited. The competencies and faculties of this official must also be accredited.
HONDURAS INVESTOR´S GUIDE 2020-2021
REGARDING THE DURATION OF ACCREDITATION: The duration of the authorization granted by the competent administrative authority (AAC) to operate as the certifying authority or certification service provider (PSC) shall be five (5) years from the date of the decision granting it. It may be renewed for equal periods, by the payment of the renewal fee. If the competent administrative authority (AAC) considers it necessary, an inspection or audit shall be carried out to verify compliance with the requirements and the effective provision of accreditation services. REGARDING LIABILITY: Certifying authorities shall be liable for any damage caused during their activities by the certification or approval of certificates of electronic signatures. In any event, it shall be for the certification authorities to demonstrate due diligence.
Powered by FlippingBook