PERU Law and Practice Contributed by: Walter Aguirre, María Angela Vásquez and Sebastian Montes, Aguirre Abogados & Asesores
11. Execution Formalities 11.1 Authentication, Notarisation, Witnessing, Etc Peruvian law does not impose any formal execution requirements on the franchisor or the franchisee in relation to a franchise agreement. Nonetheless, to lend greater formality and legal certainty to the trans - action in the event of a potential dispute, it is recom - mended that, at a minimum, the parties’ signatures on the franchise agreement be notarised and/or that the agreement be formalised as a public deed. The use of witnesses is not required.
11.2 Electronic Signatures Pursuant to the provisions of Law No 27269, electron - ic signatures are granted the same legal validity and enforceability as handwritten signatures, which means that the use of electronic signatures is permitted when executing a franchise agreement. However, it is worth noting that, at present, the use of electronic signa - tures for this type of transaction is still not widespread. Therefore, the authors continue to recommend the use of handwritten signatures, as well as the notarisation of the parties’ signatures before a notary public and/ or the formalisation of the franchise agreement as a public deed. 11.3 Stamp Duties There are no stamp duties in Peru.
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