Dmitry Shubov Consulting Advises Southeast Asian Startups On New Philippine Supreme Court Electronic Notarization Standards
Important facts to note:
- Recognized modes: designated modes that include accredited in-person Electronic Notarization Facilities (ENFs), remote Electronic Notarization Providers (ENPs) who utilize secure audio-visual communication (AVC) technology, and hybrid workflows.
- Technical requirements: multi-factor authentication, preservation of AV recordings, tamper-obvious electronic signatures, and electronic duplicate originals.
- Process changes: notaries will need to maintain digital registers and submit electronic duplicate originals to clerks, while platforms and vendors will have to comply with new retention and audit-log requirements.
Who’s affected:
- Southeast Asian-based startups needing Philippine-notarized documents for American incorporations, investor closings, or cross-border contracts.
- Corporate services providers, escrow agents, e-signature/e-notary platforms and U.S. counsel relied on Philippine executions for their due diligence and closings.
Why this matters:
- ENP workflows that are fully auditable are also more likely to be accepted by U.S. counsel and escrow agents, thereby reducing last-mile closing friction.
- Platforms and vendors must adopt processes, DPAs, and contracts that preserve evidentiary integrity and meet clerk filing requirements.
- Teams should confirm the procedures for obtaining e-Apostilles or traditional Apostilles for electronic duplicate originals to ensure recognition by U.S. state authorities.
Please note that for those outside the Philippines, REN (Remote Electronic Notarization) generally requires being at a Philippine Embassy or Consulate.
“This new piece of compliance will include more than validating e-signers against the Supreme Court’s electronic notarization standards and establishing documented workflows; it is also about vetting vendors and maintaining a reliable audit trail acceptable to Philippine registries and U.S. closing agents. Startups that prepare the execution packs early help to avoid last-minute re-execution, escrow holds, and pushback from investors. Startups should no longer have to incur the costs of delays and reputational damage associated with a transaction spanning multiple countries,” says Dmitry Shubov, Founder of Dmitry Shubov Consulting.
If there are any Southeast Asian legal tech founders and service providers that are preparing for U.S. transactions, it can be proactive to have a specialized consulting firm review such plans. Dmitry Shubov Consulting, a consulting firm that specializes in helping Southeast Asian legal tech startups safely and effectively enter the U.S. market, can be a great resource. Get your startup ready for the U.S. market today!
About Dmitry Shubov Consulting
At Dmitry Shubov Consulting, our mission is to connect accredited investors with groundbreaking legal technology startups, fostering innovation and growth across Southeast Asia and helping Asian businesses enter the U.S. market. For more information, please visit our website or contact us directly.
Media Contact:
Support@dmitryshubovconsulting.com
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