Electronic signature of a mandate

What is a mandate?

What is a mandate?

• A mandate is a legal act by which one person (the principal) gives another (the agent) the power to act on his behalf. There are many types of mandates:
• sales mandate (real estate)
• rental management mandate
• ad litem mandate (lawyer)
• SEPA mandate (direct debit)
• stock market mandate

various powers of attorney

All can be signed electronically, with appropriate security levels.

• Recommended signature levelSEPA mandate ⬥⬥⬥: SES is sufficient (operational issue)
• Sales or management mandate ⬥⬥⬥: AES (legal and commercial issue)Ad litem mandate ⬥⬥⬥: AES minimum, QES for acts lawyer within the meaning of article 1374 Civil Code
• Stock market mandate ⬥⬥⬥: AES, often with KYCProcedure
• Write the mandate with its mandatory information (identity of the parties, purpose, duration, remuneration if applicable)Write the mandate with its mandatory information (identity of the parties, purpose, duration, remuneration if applicable)

Attach the annexes (RIB for SEPA, diagnostics for real estate sales mandate)

1. Send for signature with the appropriate level
2. Archive the signed mandate for the appropriate period (often 10 years)
3. Mandatory information
4. Depending on the type of mandate, the information varies. Typically:

complete identity of the parties

precise purpose of the mandate

• duration and conditions of renewal
• possible remuneration
• conditions of termination
• competent jurisdiction in the event of a dispute
• Benefits
• Mandate signed remotely without travel

Traceability of the commitment

• Strengthened proof compared to a handwritten signature
• Strengthened proof compared to a handwritten signature
• Automatic archiving
• Frequent errors

Neglecting the identification of the principal (invalid mandate)

• Forgetting the duration (indefinite mandate = cancellable at any time)
• Use SES for a real estate sales mandate (prefer AES)
• Do not keep the mandate for its entire duration + 5 years
• Use case: rental management mandate

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

Presentation meeting (physical or video)

1. Sending of the mandate + management agreement in AES
2. Owner signs during the day
3. Immediate start of management
4. Savings: 2-4 days per file, 0 travel for signature.

How Certyneo helps you

Certyneo offers common mandate templates (real estate sale, rental management, SEPA), signature adapted to the required level, and long archiving in compliance with legal obligations.

Certyneo offers common mandate templates (real estate sale, rental management, SEPA), signature adapted to the required level, and long archiving in compliance with legal obligations.

Discover the Certyneo electronic signature solution

FAQ

Can a mandate be revoked electronically?

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

Does the mandate need to be registered?

Mostly no. Some (notary mandates) yes.

Duration of a real estate sales mandate?

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

Can we sign a mandate in the name 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 lend themselves particularly well to electronic signatures: speed, traceability, solid proof. Adapt the level to the challenge and you are at peace.

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