Since November 9, citizens can freely process certain documents with the notary. online allowing accelerate the exchange of information almost immediately. Law 11/2023 on the digitalization of notarial deeds and the register allows citizens and businesses to manage their appointments and have, for the first time, electronic copies of their notarial deeds, among other documents. This will be the main service you will get online users, but not the only one. There are other documents and notarial deeds that can be processed electronically.
How to access this service?
The first thing is to be accredited on the Notarial Citizen Portal via the Cl@ve PIN system, digital certificates authorized by official bodies (such as the Fabrique Nationale de Monnaie et de Timbres FNMT), those issued by certification companies ( cards of lawyers, doctors or registration offices) or the European eIDAS certificate (electronic identification, authentication and trust services).
You can also register for free with a notary or on the website itself.
How to request a copy of a document electronically?
Citizens will be able to choose via online at the notary you prefer, but above all locate the one who has the originals of your deeds and ask for copies. The General Council of Notaries estimates that electronic copies requested by citizens and businesses could easily exceed 13 million per year.
After being accredited, you access the copy request service, where you must select the name of the notary who authorized this act, the number and type of copies you will need and attach the necessary documents to legitimize the action. The notary will file a duplicate of the deed on the Portal, after payment of the corresponding fees.
Can a will be drawn up electronically?
“A will can only be drawn up electronically in the event of a declared epidemic situation and as long as the confinement obligation lasts,” specifies María Teresa Barea, spokesperson for the General Council of Notaries.
From the Notary Portal, you can only manage requests that the citizen has initiated electronically, stay informed of their status, take the necessary steps until their signature, which must be done in the presence of the notary, and have a repository of requests. already signed.
Once the chosen notary receives the will request, he will contact the citizen to prepare the document according to his requirements, providing him with the draft for review and confirmation.
The citizen must go to the notary to authorize and sign the will and the notary will leave a simple electronic copy in the private area of the website.
Will proxies be signed online?
The chosen notary may be requested to electronically manage the signing of powers for specific acts and procedural representation for actions before Public Administrations, granting powers to the person designated by the citizen so that they can intervene on their behalf and to its account.
This service also allows the citizen to send and sign the revocation of powers, with the exception of preventive powers (granted in the event of loss of the capacity to express one’s will), thus canceling the powers granted to the persons designated in their name and representation.
Can mortgages be signed electronically?
No. Once the mortgage loan has been chosen, the citizen can choose a notary electronically to verify the documentation provided by the financial institution and provide impartial and free advice.
The citizen must go to the chosen notary to make an appointment and have the signing of the financial transaction authorized by the chosen notary.
What other documents can be signed electronically?
The service online It allows citizens to send and digitally sign the cancellation of guarantees when the Administration considers that the guaranteed obligation has been fulfilled. The notary will validate the information provided and manage the document which will be signed on the day of the appointment.
Payment letters, a document issued by a creditor certifying that he has received the amount owed by his debtor, can be processed electronically. Or, which amounts to the same thing, that the bank gives the citizen a paper with a stamp indicating that the debt he owed to it has been settled.
They can also be sent and signed digitally conciliations to resolve conflicts between individuals and businesses by means alternative to the judicial system. The agreement reached following a conciliation process requires a commitment of respect between the parties and is made public so that it has enforceable force. This means that in the event of non-compliance by one of the parties, immediate enforcement can be requested directly from the judge.
Notarial acts, which constitute the verification of facts or the notary’s perception of them, may be processed electronically provided that due to their nature cannot be qualified as acts and contracts. They are limited to attesting to the facts perceived by the notary. They can be sent and signed electronically so that the notary can validate the information provided by you and will manage the document which will be signed on the day of the appointment.
Thanks to legitimation by signature, citizens will be able to send their documents to be legitimized before a notary with all the guarantees of authenticity for presentation to Public Administrations. In these cases, videoconferencing is not used, but if the attached documents are not digitally signed, the user can sign them with their electronic certificate before being sent to the notary.
Who will primarily use videoconferencing?
María Teresa Barea assures that notary videoconferencing will serve above all to speed up urgent corporate procedures of companies or to resolve business situations in which it is difficult to meet in person all those involved.
Capital increases, the appointment of directors, changes in the company’s address and the minutes of general meetings will be the main services which will be processed by videoconference.
Citizens will be able to sign documents via videoconference if they select this option in advance, receiving a link to access it and contact the notary electronically. The acts and documents that can be carried out by videoconference are the signing of specific powers, the cancellation of guarantees, payment letters, extrajudicial conciliations and notarial acts.
Can a business be created electronically?
The new regulations allow the electronic creation of limited companies before a notary, in accordance with European regulations which require that an EU citizen can create a company in another member country without needing the physical presence of directors.
In the telematic constitution of limited companies, they are not authorized non-monetary contributions, which must be made via an electronic payment instrument. In addition, standard acts and statutes have been activated for its constitution, which allow the time for qualification and registration with the Commercial Registrar to be only six hours, one of the main novelties of the latest legislative reform.
Furthermore, all corporate acts can be carried out electronically, from the incorporation of companies, to appointments of positions, dismissals, commercial takeovers, capital increases and reductions, modifications of statutes, changes of address, liquidations, etc. .
Is this service safe to use?
The IT security of the process is guaranteed by the use of the qualified electronic signature of the notaries, their electronic headquarters and their private network, all developed by the Notarial technology center, Ancert.
The provision of this telematics service presents the maximum guarantees of security and legal protection. It will be provided to the Electronic Notarial Office, created in 2004. From the Notarial Office they assure that it is a space with the greatest security measures after obtaining the National Security System (ENS), a high level, which only a very few organizations have done.
But as José Ángel Martínez Sanchiz, president of the General Council of Notaries, recalls, “notaries will continue to provide their services mainly in person in the almost 3,000 notarial offices that they have distributed throughout the country, thus avoiding any digital divide “.
The five day agenda
The most important economic quotes of the day, with the keys and context to understand their significance.
RECEIVE IT IN YOUR EMAIL
