What is "Fecha Cierta" [Certain Date] in Cincel?

"Fecha Cierta" or Certain Date is a fundamental legal concept in Mexico, especially relevant for the tax and legal fields. It refers to the ability to irrefutably demonstrate that a digital document existed at a specific point in time and has not been altered since then. It is a key requirement requested by authorities such as the SAT to grant full validity and enforceability to certain acts and contracts.

At Cincel, we understand the criticality of Certain Date for the legal security of your operations. Therefore, our platform is designed to integrate this essential element into your digital documents.

 

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Why is Certain Date fundamental?

The importance of Certain Date lies in several aspects:

• Tax validity: It is crucial for legal acts contained in private documents to have tax effects and be recognized by the SAT. Without Certain Date, a document's existence and content at a given time could be questioned.

• Legal support and protection: It provides robust support in case of legal disputes by proving the authenticity and integrity of the document from a specific date. This prevents one of the parties from attempting to disavow an agreement or claim subsequent manipulation.

• Fraud prevention: It makes it difficult to create backdated documents or alter their content without leaving a trace, adding a layer of trust and transparency to transactions.

 

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Cincel and Certain Date Certification

Cincel guarantees the Certain Date of your certified documents through technological and legal mechanisms that comply with Mexican regulations:

1 ) The NOM-151 Conservation Certificate

The main pillar for granting Certain Date to a digital document in Mexico is the Data Message Conservation Certificate, issued in accordance with the Mexican Official Standard NOM-151-SCFI-2016.

• Issuance by a PSC: This certificate is issued by a PSC, an entity accredited and authorized by the Secretariat of Economy of Mexico. Its role is to act as a trusted third party, guaranteeing the integrity and authenticity of the document.

• Content: The certificate (generated in .ASN1 format) contains cryptographic metadata, including the digital fingerprint (hash) of the original document and one or more timestamps. This allows verifying that the document has not been modified since the time of its issuance.

• Presumption of integrity: NOM-151 establishes that data messages (digital documents) that have this certificate enjoy a presumption of integrity and are considered to have remained complete and unaltered over time.

 

2) The Digital Timestamp

Within the NOM-151 Conservation Certificate, a Digital Timestamp is integrated. This is a technological mechanism that, issued by the PSC, certifies the exact date and time the digital document existed and was preserved. It is the irrefutable proof of the moment your document acquired its Certain Date.

 

3) Notarization with Blockchain (Additional Security)

In addition to the NOM-151 requirements, Cincel uses Blockchain technology to provide an additional layer of security and a decentralized timestamp.

• Global immutability: The digital fingerprint (hash) of your document is recorded on a public blockchain, meaning its existence at that date and time is permanently recorded and verifiable by anyone in the world, without depending on a central authority.

• Public verification: This method offers proof of existence and non-alteration that complements the NOM-151 Certificate, providing cutting-edge evidentiary strength.

 

 

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Benefits of Certain Date with Cincel

By securing the Certain Date of your documents with Cincel, you obtain:

• Full legal validity: Your agreements are valid and admissible as evidence in court in Mexico, complying with the integrity and conservation standards required by law.

• Reliability with regard to authorities: You provide the tax authority (SAT) with certainty regarding the existence of your operations at a specific point in time.

• Risk reduction: You reduce the risk of disputes or disavowal of documents by having irrefutable proof of their creation and status over time.