Herencias

Notarial Signing by Videoconference: How It Works

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A client needed to sign a policy with his bank. There were two signatories: one in Madrid and another in Palma de Mallorca. The one from Madrid had already signed without any problem, but the one from Palma de Mallorca could not find any notary on the island that could manage the signing of that policy in time. He contacted us. In half an hour he had signed his policy.

This type of situation occurs frequently. The distances in Spain and complicated schedules cause many procedures to be delayed. Notarial signing by videoconference solves these problems directly.

The law that regulates these acts

Law 28/2023 regulates the signing of notarial documents by videoconference in Spain. The regulation came into force in 2024 and establishes the legal framework for notaries to authorize deeds when the interested parties are not in the same physical location.

Before this law, they were only allowed in exceptional cases or during the pandemic. Now it is a standard procedure with all legal guarantees. The document has the same validity as if it had been signed at the notary's office in person.

The notary must ensure the identity of the signer and that this person acts with full capacity. To do this, various verification methods are combined during the video call. The client usually uses the electronic DNI or a digital certificate issued by the FNMT.

How the complete process develops

The first step consists of contacting the platform and explaining the specific procedure needed. A simple form is provided where the basic data is indicated and the initial documents are attached.

Once the request is received, a team reviews the submitted documentation. If any data is missing, it is requested in less than 24 hours. When everything is correct, a date and time are proposed for the video call with the designated notary.

On the appointed day, the client connects from anywhere. Only a computer with camera, microphone, and an internet connection of at least 5 Mbps is needed. The platform sends a secure link by email.

In the video call there is the notary and, in some cases, the rest of the interested parties. The act begins with identity verification. The client shows the DNI and uses his digital certificate. The connection is recorded for evidence.

The notary reads the full text of the document. He explains each clause in detail. The client can ask all the questions needed. Only when he confirms that he understands it perfectly does the electronic signing proceed.

The signature is performed with the digital certificate. The system generates a verification code. The notary adds his own qualified electronic signature. The document is protocolized with a protocol number and registered in the Commercial Registry or Property Registry as appropriate.

Within 48 hours the client receives the authentic copy in digital format. If paper copies are needed, they can be sent by urgent courier. The average time from first contact to having the signed document is three days.

An inheritance case resolved in one day

Javier lived in Gijón. His father had died in Córdoba three months earlier. The inheritance included a dwelling and several bank accounts. The deadline to settle the inheritance tax ended in 20 days according to the regional regulations of Andalusia.

Traveling to Córdoba meant losing three days of work and a cost of 180 euros in train tickets. Javier contacted the online notary service. He sent the death certificate, the will, and the details of the rest of the heirs by email.

The video call was scheduled for the following day at 10 in the morning. Javier connected from his office in Gijón. The notary was in Seville. His brother, who lived in Barcelona, also joined the call from his home.

The notary explained the deed of acceptance and adjudication of the inheritance for 25 minutes. He detailed how the assets were distributed and the tax obligations. Javier and his brother asked some questions about the pending debts of the inheritance.

Both signed with their digital certificates. The notary protocolized the document with number 456/2024. Javier received the copy by email that same afternoon. He was able to submit form 650 to the Tax Agency before the deadline expired and avoid surcharges from 5% to 20%.

This example shows how the stress of travel is avoided when time is pressing. The total cost of the procedure was 145 euros plus VAT. Without this system, Javier would have had to take days off and spend more than 400 euros between trips and accommodation.

What procedures can be performed this way

Notarial powers of attorney are the most common. Both general powers for lawsuits and special powers to sell a home or collect a pension can be signed without issue.

Notarial acts of requirement or of notoriety can also be done by videoconference. The same applies to deeds of renunciation of inheritance when there are no real estate assets involved.

In the commercial sphere, limited liability companies can be incorporated. The filing of annual accounts can be granted. Loan policies with collateral also fall into this category if all parties have a digital certificate.

There are limitations. Wills cannot be granted by videoconference. Certain donations of real estate require physical presence. It is always necessary to consult the specific case before beginning the process.

Aspects of security and legal validity

The video call is carried out through approved platforms that comply with the eIDAS Regulation. This European regulation guarantees the validity of qualified electronic signatures throughout the Union territory.

The entire session is recorded. The recording is kept for five years. Any doubt about whether the signer understood the document can be clarified by reviewing the recording.

The notary is obliged to check that there is no coercion or error. If any irregularity is detected, the act is suspended immediately. The average price of a notarial power of attorney by videoconference is 55 euros plus VAT. A simple acceptance of inheritance costs 120 euros. These amounts include the drafting of the document and the signature.

Companies also use this system. A company based in Bilbao can grant a power of attorney to a lawyer in Valencia without anyone having to travel. Time and money on travel are saved. In buy-sell agreements, the notary can coordinate with the different property registries. The document is sent electronically to the registry. The average registration period is 15 business days.

For companies that need to approve board agreements, the law on capital companies allows them to be held by videoconference provided that certain identification requirements are met and a notarial record is drawn up.

These procedures can be done online

Many notarial acts can be completed entirely through the internet. Only a device with a camera and a digital certificate to identify the signer are needed.

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