Electronic Signature of a Mandate

What is a mandate?

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

• sales mandate (real estate)

• property management mandate

• ad litem mandate (attorney)

• SEPA mandate (direct debit)

• stock exchange mandate

• various powers of attorney

All can be signed electronically, with appropriate security levels.

Recommended signature level

• SEPA mandate: SES is sufficient (operational stake)

• Sales or management mandate: AES (legal and commercial stake)

• Ad litem mandate: AES minimum, QES for attorney acts under article 1374 Civil Code

• Stock exchange mandate: AES, often with KYC

Procedure

• Draft the mandate with its mandatory provisions (identity of parties, subject matter, duration, remuneration if applicable)

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

• Send for signature with the appropriate level

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

Mandatory provisions

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

• complete identity of the parties

• precise subject matter of the mandate

• duration and renewal conditions

• possible remuneration

• termination conditions

• competent jurisdiction in case of dispute

Benefits

• Mandate signed remotely without travel

• Traceability of the commitment

• Enhanced proof compared to handwritten signature

• Automatic archiving

Common mistakes

• Neglecting the identification of the principal (invalid mandate)

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

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

• Failing to retain the mandate for its entire duration + 5 years

Use case: property management mandate

A real estate agency signs 10-15 management mandates each month with property owners. Process:

• Presentation meeting (in-person or video)

• Send mandate + management agreement in AES

• Owner signs within the day

• Management starts immediately

Benefit: 2-4 days per file, zero travel for signature.

How Certyneo helps you

Certyneo offers templates for common mandates (real estate sales, property 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 electronic letter 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 law.

Can one sign a mandate on behalf of a company?

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

Is an expired mandate still valid?

No, any action after expiration is null.

Conclusion

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

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