New digital notarial services

PRACTICAL CHANGES INTRODUCED BY LAW 11/2023 ON THE DIGITISATION OF NOTARIAL PROCEDURES

In November 2023, Act 11/2023 – hereinafter referred to as the Digitalisation Act – came into force. It includes provisions to establish an electronic notarial protocol with the aim of streamlining the exchange of information and the issuance of notarial documents. All these new services will be provided via the existing Electronic Notarial Portal and will require citizens to register in advance on the Citizen’s Notarial Portal.

What new provisions does the Digitalisation Act introduce?

The changes it introduces have an impact both on notarial procedures and on the introduction of measures designed to streamline the incorporation of companies. We would highlight the following:

1. Authorisation and issuance of documents via videoconference, eliminating the need to appear in person at the notary’s office. Some examples of documents that may be issued in the manner described are:

• Commercial policies
• Incorporation of limited liability companies
• Appointments of directors and the granting of powers of attorney (and their revocation), and the execution of any other corporate acts (provided that the contributions are in cash).
• Granting of powers of attorney for legal proceedings.
• Verification of signatures.
• Minutes of the general meeting
• Issuance of payment letters and cancellation of guarantees
• Declarations of new-build properties without the termination of co-ownership or the allocation of title, and the division of the flat.

The procedure for appearing digitally involves: (i) the grantor holding a qualified electronic certificate proving their identity; (ii) access to an “electronic notarial office”; (iii) during the video conference, the notary will carry out the document checks and provide the necessary warnings, as is already the case in a face-to-face appearance; (iv) the deeds authorised will be assigned an electronic reference number; and (v) they will be signed electronically.

2. The following is also permitted: electronic appearance by the data subject on the notary’s online portal to submit supporting documents or request the issue of ordinary or certified copies.

1. Requesting copies of deeds online via the Notarial Online Portal. This request may be made by providing proof of your status as an interested party and using your electronic certificate. These copies shall have the same legal validity as paper copies.

Furthermore, all deeds signed since 1 January 2007 will be accessible via the Notarial Citizen Portal.

4. Inclusion of a CSV (Secure Verification Code) in deeds in order to enable the authenticity of the deeds to be verified on the Notarial Online Portal.
5. Online incorporation of limited liability companies, as well as other registrable transactions and those aimed at ensuring compliance with the legal obligations of such companies. The requirements are as follows:

• The company must be a limited liability company, not a public limited company.
• Members must make financial contributions, which must be made via an electronic payment method that allows the person making the transfer to be identified.
• The so-called model articles of association may be used, in which case the Commercial Register will issue its approval within six working hours. If these models are not used, the Register will have five working days to do so. The model articles of association and standardised deed of incorporation will also be available in English.

Exceptions to remote court appearances

• Where the notary has grounds to suspect or is unsure about the digital verification and authentication of identity, they may require the person concerned to appear in person
• He or she may also require the grantor to appear in person where there is doubt as to the grantor’s capacity.

In short, the new Digitalisation Act aims to speed up notarial procedures, not only by reducing the processing times at the Commercial Register when standardised models of deeds and articles of association are used, but also by introducing notarial videoconferencing, which helps to speed up urgent company procedures.

Furthermore, this law marks a milestone by enabling citizens and businesses to obtain electronic copies of their documents, thereby facilitating their exchange with public bodies, which results in savings on paper costs and speeds up many administrative procedures.