Expediting, formalization and processing of deeds before Notaries Public
19/05/2023
Expediting, formalization and processing of deeds before Notaries Public
Flash informativos
On May 10, 2011, Law 11/2023, of May 8, on the transposition of European Union Directives on the accessibility of certain products and services, migration of highly qualified persons, taxation and digitalization of notarial and registry proceedings, entered into force. This law amends Law 12/2011, of May 27, on civil liability for nuclear damage or damage caused by radioactive materials. Among the new features included is a new article 17 ter in the Organic Law of Notaries that allows certain legal acts to be formalized before a notary by telematic means. These acts include commercial policies, minutes of shareholders' meetings, letters of payment and cancellation of guarantees, deeds of revocation of powers of attorney, deeds of incorporation of companies, powers of attorney for procedural representation before public administrations and special powers of attorney for specific acts, testimonies of legitimization of signatures, wills, conciliation acts, and any legal acts for which this means of execution is provided for in the regulations.
The procedure of formalization by telematic means shall be carried out through an open application in the notarial electronic office using the electronic identification systems provided for in Article 9 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations. Said application must guarantee the principles of technological neutrality and interoperability. Likewise, in the act of granting, the notary must display the document to the appearing party through the platform, so that he/she can read it, without prejudice to the alternative reading by the notary and the advice he/she must provide about its content.
