The Council of the Judiciary has issued the Regulations for the progressive implementation of electronic notarial documents, contracts and formalities and reduced fees[1]. The resolution states:
- Certain notarial documents can be made online or in person at the discretion of the user.
- The Notary will work within his/her respective district and must state this in the document. Therefore, it is important to verify that the application contains a declaration by the applicant that they are located in the area in which the notary’s services are provided.
- Notarial documents will be performed in two stages:
- Stage One: The following documents, contracts and formalities can be electronic:
- Recording of public or private instruments in the notarial record book, by court order or at the request of the interested party.
- E-certification of digitized documents.
- E-certification of original electronic documents.
- Certification of physical documents obtained from a webpage or any electronic medium.
- Registration of lease agreements with the application signed electronically by the applicant.
- Electronic requests to add certifications and margin annotations.
- Execution of requests for putting a debtor in default.
- Execution of documents for the performance of contracts, delivery of what is owed and the enforcement of obligations.
- Incorporation of companies, provided that the issuers have stated their express intent to grant the notarial instrument electronically and they have electronic signatures; and
- Creation of associations or consortia for public procurement, provided that the grantors have stated their intent to grant the notarial instrument electronically and they have electronic signatures.
- All requests for ex parte proceedings which are submitted before a Notary Public by grantors who have electronic signatures can be sent online. Likewise, notaries can receive drafts provided they have been signed electronically.
- Stage Two: The plenary session of the Council of the Judiciary will decide on the inclusion of further electronic notarial documents, contracts and formalities once it receives the corresponding budget from the Ministry of the Economy to develop safe electronic platforms.
- Stage One: The following documents, contracts and formalities can be electronic:
- Notarial documents carried out electronically will be fully valid and have the same effectiveness as those granted in person.
- Notaries will be responsible for validating the grantors’ electronic signatures, in accordance with the law.
- Notaries will be responsible for keeping the electronic file of electronic requests, drafts, certificates, contracts or formalities.
- Prices are reduced for the certification of physical documents obtained from a webpage or electronic medium, e-certification of digitized documents and e-certification of electronic documents.
[1] Resolution No. 075-2020, published in the Special Edition of Official Gazette No. 787 on July 16, 2020.
Editorial Board
