Online notary vs in-person: which to choose?
Since Law 11/2023 of 8 May, which added article 17 ter to the Spanish Notarial Law, some deeds can be signed before a notary by video conference. This is not a future prospect: it is used daily for powers of attorney for a specific act, company formation and mortgage cancellations.
The most frequent question is: does it have the same validity? The short answer is yes. A deed signed by a notary via video conference with a qualified electronic signature has the same evidentiary force as one signed on paper. Both are public documents.
What can be done online and what cannot
The law sets a closed list of acts that can be signed by video conference. Among them:
- Powers of attorney for a specific act, for litigation and for dealing with public authorities.
- Revocation of powers of attorney, except general preventive ones.
- Company formation and commercial appointments.
- Cancellation of mortgages and other securities.
- Minutes of company meetings and signature certification.
Everything else is signed in person. That includes general and lasting (preventive) powers of attorney, wills, property sales, gifts, acceptance and distribution of inheritances and prenuptial agreements. If you cannot attend, you can grant a special power of attorney by video conference to someone who signs for you.
Legal basis for online notary services
Law 6/2020: regulates electronic trust services, including the qualified electronic signature with the same legal value as a handwritten signature.
eIDAS Regulation (EU 910/2014): at European level, equates the qualified electronic signature to a handwritten signature in all member states.
Notarial Law, article 17 ter (Law 11/2023): allows appearance by video conference before a notary for the acts on its list, provided identity and document integrity are guaranteed.
Royal Decree-Laws 8/2020 and 11/2020: adopted during the pandemic, they expanded remote notarial possibilities. Many measures have become standard practice.
Point-by-point comparison
Legal validity. Identical. Both produce public deeds with a presumption of truthfulness and public faith.
Cost (fees). The same. Royal Decree 1426/1989 sets fees without distinguishing between in-person and online. Read more in our article on how much a notary costs in Spain.
Timeframes. Online tends to be faster. For powers of attorney, the entire process can be completed in 48-72 hours. In person, between requesting an appointment and attending, it can take 5-10 business days.
Convenience. Online wins by definition. You sign from home or anywhere with internet, camera and microphone.
Accessibility for residents abroad. If you live outside Spain and need to sign a power of attorney to sell property, accept an inheritance or set up a company, the online option saves you a trip that may cost more than the procedure itself. At Notaría Online we serve clients in more than 40 countries.
When to choose in-person
Simultaneous purchase and mortgage signing. When buyer, seller, bank and notary are at the same table, closing is smoother. Many banks still prefer in-person mortgage signing.
Older people without digital experience. If the grantor is not comfortable with video calls or does not have an electronic signature, the in-person route is simpler.
Closed will. By its nature (a sealed envelope is delivered), it requires physical presence.
When to choose online
You live outside Spain. A special power of attorney to sell a flat or accept an inheritance, or the formation of a company, can be signed by video conference without flying to Spain.
Your schedule is complicated. Video conferencing lets you sign at an agreed time, even outside normal hours.
You need speed. Online procedures are completed faster because they eliminate travel and waiting.
Recurring procedures. If you handle several powers or deeds per year, online saves you dozens of hours.
The online process step by step
1. Contact and document submission. You send us the procedure details. We assess your case and confirm feasibility and cost.
2. Draft preparation. The notary drafts the document and sends it for review.
3. Signing by video conference. On the agreed date, you connect with the notary. They read the document in full (legal obligation), answer your questions and you sign with your electronic certificate.
4. Issue of the authorised electronic copy. You receive the authorised copy in electronic format, valid for any registry or government body. If you need a paper copy, it is sent by courier.
Do I need an electronic signature?
Yes, you need a qualified electronic certificate. In Spain, the most common are the FNMT certificate and the electronic national ID. If you do not have one, at Notaría Online we guide you through obtaining it: the process is free and takes 1-3 days.
If you live outside Spain, you can use electronic certificates issued by trust providers on the EU TSL list, in accordance with the eIDAS Regulation.
Practical summary
If you can visit the notary without difficulty and prefer face-to-face interaction, the in-person route is perfectly valid. If you live outside Spain, your schedule is complicated or you prefer not to travel, the online notary offers the same result with less friction. The choice depends on your situation, not the quality of service.