Is the notarial signature by videoconference completely legal in Spain?

The technical requirements are minimal. You only need:

• Device with a camera: laptop or desktop computer with a webcam, tablet or smartphone
• Microphone: integrated into the device or with headphones that have a microphone
• Stable internet connection: minimum 5 Mbps upload speed
• Updated browser: Chrome, Firefox, Safari or Edge

It is not necessary to install any special software. The videoconference is carried out through standard platforms that function directly in the browser.

Before the appointment, our team performs a technical test with you to ensure that everything works correctly.

The deadlines vary depending on the type of procedure:

• Notarial powers: 24-48 hours
• Donations: 48 hours
• Incorporation of a Limited Company: 7 hours (CIRCE system) or 2-3 days (ordinary process)
• Mortgage cancellation: 2-4 weeks (depending on the bank's efficiency)
• Sales and purchases: variable, according to the agreement between the parties
• International powers: 10-14 calendar days including delivery to the address
• Inheritances: 2-4 months (full process)

Our objective is always to minimize the timelines without compromising the client's legal security.

The identity verification in notarial signing by videoconference follows a rigorous process:

1. Presentation of DNI/NIE or passport: the grantor shows their identity document in front of the camera so that the notary can see it clearly.
2. Data verification: the notary compares the data from the document with that on record in the file.
3. Facial recognition: the notary verifies that the person in front of the camera matches the photograph in the document.
4. Verification questions: the notary may ask questions to confirm the identity.

If the notary has any doubt about the identity, they may request additional documentation or deny the granting, just as in an in-person signing.

The Law 11/2023, of May 8, on the digitalization of notarial and registrarial proceedings, is the regulation that consolidated and expanded the possibility of carrying out notarial acts remotely in Spain via videoconference.

The most important changes it introduced:

• Permanent authorization of the signing before a notary via video call for all notarial acts (powers of attorney, wills, donations, corporate deeds, etc.)
• Regulation of the technical and security requirements for remote identification
• Express recognition of the full legal validity of acts granted via videoconference, with the same effects as in-person signing
• Digitalization of communications between notaries, registries, and public administrations

In practice, it means that any person, from anywhere in the world, can grant a public deed or a notarial power of attorney before a Spanish notary without leaving home.

A notarial act is a public document in which the notary attests to facts, circumstances, or statements, but without necessarily creating or modifying rights as deeds do. Its main function is to provide irrefutable evidence of a reality with full probative value.

The most common types of notarial acts:

• Notarial act of manifestations: the notary attests to what a person declares (useful in inheritance, commercial, or labor conflicts)
• Notarial act of requirement: to formally demand someone to fulfill an obligation
• Notarial act of notoriety: to certify notorious facts (possession, kinship)
• Notarial act of verification: to certify the state of a property, the content of a contract, or even a web page at a given moment
• Notarial act of deposit: to deposit documents, money, or objects with legal guarantees

Some notarial acts can be processed with the grantor appearing via videoconference. Consult with our team if your case can be resolved online.