What is Law 11/2023 and what changes did it introduce for notarial procedures?

Yes, it is completely legal. Notarial proceedings by videoconference are expressly permitted in Spain by:

• The Law 11/2023, of May 8, on the digitization of notarial and registry proceedings and communication acts
• The previous modifications to the Notarial Law and its Regulations

The notary must:

• Verify the identity of the grantor by viewing the DNI/NIE via camera
• Read the document in full
• Ensure that the grantor understands the content and gives their consent freely
• Attest to the signature in real time

The resulting document has exactly the same validity as one granted in person: it is a public deed with all its legal effects.

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.

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.