Notaría Online

Can you imagine signing before a notary from your own home, business or even a boat?

Your notary office in your own pocket, whenever you need it.

All of this is now possible with only an Internet connection and a digital signature, either advanced or with a pin code.

As a result of the approval of Act 11/2023, of 8 May, on notarial authorisation via video call, online notary offices were created so that some notarial documents could be processed completely electronically.

The new law authorises the online granting of practically all the commercial deeds and policies and the commercial and financial contracts generated by the entities and companies during their normal activity and operations.

At JLA Notarios, we are committed to new technologies and we bring our online notary office to you wherever you are, saving you time and money when dealing with your paperwork. A new way of doing things is possible.

Once the new law is implemented, notaries will be able to authorise a broad range of legal acts in a fully online manner. With the new action framework, which forms part of a far-reaching digitalisation process in the sector, public documents with notarial involvement can be transmitted and circulated electronically in both the European and Latin American spheres with maximum legal certainty.

As part of the notarial services and acts that can be carried out at an online notary office, notarial documents are authorised and signed through the notary’s website, with complete security and confidentiality, via video call and using qualified electronic signatures.

As a result of the new law and the digital tools available, many procedures can now be carried out online.

For example, you can now incorporate a company entirely online, without requiring the physical presence of the interested parties thanks to video calls.

To comply with Directive 2019/1151, which stipulates that a European Union citizen must be able to incorporate a company in another member state without the need for the physical presence of the directors during the incorporation process, the current legislation facilitates the incorporation of limited companies before a notary in a completely online manner, saving both costs and travel time for the various parties involved in the process.

In the specific case of the electronic incorporation of limited companies, there is a slight limitation in that non-cash contributions are not permitted since contributions must be made by means of a verified electronic payment instrument.

In addition to the advantages of online processing of those types of notarial acts, there are now also standard deeds and articles of association for the incorporation of companies, allowing the time required for their qualification and registration by the commercial registrar to be even shorter, in many cases just a few hours. That standardisation of documents, together with the possibility of complete online processing, means that incorporating companies online is not only more convenient for the interested parties, but also much quicker and faster.

Yes, you can sign from anywhere and at any time, both special powers of attorney and powers of attorney for lawsuits.

The notarial services that can be signed online are detailed as follows:

• All corporate acts: including the incorporation of companies, the appointment of officers, dismissals, commercial powers of attorney, capital increases and decreases, amendments to articles of association, changes of registered office, liquidations, etc.
• Minutes of the general meetings and reference minutes in a strict sense.
• Commercial policies.
• Powers of representation in legal proceedings for actions before public administrations, as well as voting powers and powers of attorney for specific acts.
• Revocation of powers of attorney, except preventive ones.
• Payment letters and cancellations of guarantees.
• Initial requirements of the minutes and proceedings that may be carried out via video call.
• Signature authentications.
• Declarations of new construction without termination of condominium nor adjudication of ownership, and the division of horizontal property.
• Wills during a declared epidemic for the duration of the lockdown obligation.
• Conciliation in cases where the notary deems this appropriate.
• Legal acts and transactions for which, based on their nature, regulations are established by law.

With the new law and the authorised digital instruments, notaries are also authorised to issue authorised electronic copies of notarial documents and deliver them to citizens and companies. Previously, notaries were only authorised to send authorised electronic copies to the Public Administrations, the Cadastre or the registers.

At nationwide level, several million copies of notarial documents are issued annually, so that their digital issuance and online delivery represent not only economic savings in terms of paper, ink and travel, but also a significant reduction in the environmental impact of this activity.

By taking advantage of the current digital tools and seeking the greatest functionality without sacrificing maximum security, the current regulations have led to the implementation of an electronic notarial record that secures and manages the electronic filing of deeds.

That new record enables a faster transmission of information not only to Public Administrations but also to individuals and companies.

The electronic notarial records are deposited with the General Council of the Spanish Notariat and can only be accessed and used by the notary who holds each record. The paper records are still stored in each notary’s office.