Electronic Signature of a Mandate

What is a Mandate?

A mandate is a legal act by which a person (the mandator) gives another person (the agent) the power to act on their behalf. There are many types of mandates:

• mandate for sale (real estate)

• mandate for lease management

• mandate ad litem (solicitor)

• SEPA mandate (direct debit)

• securities mandate

• various powers of attorney

All can be signed electronically, with appropriate security levels.

Recommended Signature Level

• SEPA Mandate: SES is sufficient (operational stakes)

• Mandate for sale or management: AES (legal and commercial stakes)

• Mandate ad litem: AES minimum, QES for solicitor acts within the meaning of Article 1374 of the Civil Code

• Securities Mandate: AES, often with KYC

Procedure

• Draft the mandate with its mandatory clauses (identity of parties, purpose, duration, remuneration if applicable)

• Attach annexes (bank details for SEPA, surveys for real estate sales mandate)

• Send for signature with the appropriate level

• Archive the signed mandate for the appropriate period (often 10 years)

Mandatory Clauses

Depending on the type of mandate, the clauses vary. Typically:

• complete identity of the parties

• precise purpose of the mandate

• duration and conditions for renewal

• any remuneration

• conditions for termination

• competent jurisdiction in case of dispute

Benefits

• Mandate signed remotely without travel

• Traceability of the commitment

• Enhanced evidence compared to a handwritten signature

• Automatic archiving

Common Mistakes

• Neglecting the identification of the mandator (invalid mandate)

• Forgetting the duration (indefinite duration mandate = terminable at any time)

• Using SES for a real estate sales mandate (prefer AES)

• Not retaining the mandate throughout its duration plus 5 years

Use Case: Lease Management Mandate

A real estate agency signs 10–15 lease management mandates each month with property owners. Journey:

• Presentation meeting (in-person or video)

• Sending the mandate + management agreement in AES

• Property owner signs the same day

• Management begins immediately

Gain: 2–4 days per file, zero travel for signature.

How Certyneo Helps You

Certyneo offers templates for common mandates (real estate sales, lease management, SEPA), signature adapted to the required level, and long-term archiving compliant with legal obligations.

Discover Certyneo's electronic signature solution

FAQ

Can a mandate be revoked electronically?

Yes, by simple letter or electronically depending on the mandate.

Must the mandate be registered?

No for most. Some (notarial mandates) yes.

Duration of a real estate sales mandate?

Generally 3 months renewable, up to a maximum set by the Hoguet Act.

Can a mandate be signed on behalf of a company?

Yes, by the legal representative (president, manager).

Is an expired mandate still valid?

No, any action after expiration is void.

Conclusion

Mandates are particularly well-suited to electronic signature: speed, traceability, solid proof. Adapt the level to the stakes and you're all set.

Try Certyneo to send, sign and track your documents online simply, quickly and securely.