Poderes notariales

How to sign before a notary by video call in Spain (Ley 11/2023)

Contents

Since 9 November 2023 you can sign before a notary by video call in Spain through the Portal Notarial del Ciudadano, the official platform of the Consejo General del Notariado (General Council of Notaries). Ley 11/2023 allows it for a closed list of acts: powers of attorney for litigation and for specific acts, company formation, commercial loan agreements, mortgage cancellations and revocations of powers, among others. You need an electronic ID (digital certificate, electronic DNI or Cl@ve) and a qualified electronic signature, which the platform itself lets you obtain free of charge. The whole process can be done in 24 to 72 hours and works the same whether you are in Madrid, Berlin or Buenos Aires.

What the Portal Notarial del Ciudadano is

The Portal Notarial del Ciudadano is the electronic office of the Spanish notaries. It is not a private company or a particular notary's office: it is the shared platform through which anyone can freely choose a notary anywhere in Spain, send them documents, hold the signing video call and sign electronically. The video call takes place inside the platform, not on Zoom or Teams, because the system has to guarantee the signer's identity and the integrity of the communication.

The legal basis is Ley 11/2023 of 8 May, which transposed the EU directive on the digitalisation of company law and added article 17 ter to the Ley del Notariado (Notaries Act) of 1862. The electronic notarial protocol came into operation on 9 November 2023: documents signed this way produce an electronic authorised copy that moves between notaries, registries and public bodies without paper.

Which procedures can be signed by video call

The list in article 17 ter is closed. It allows:

  1. Commercial loan agreements (pólizas): loans, credit lines, leasing, guarantees. The agreement is signed with the bank electronically and the notary takes part remotely.
  2. Company formation, appointment of officers and commercial powers of attorney. A limited company (SL) can be set up entirely online; if you are a foreign shareholder, see setting up an SL as a foreigner.
  3. Powers of attorney for court proceedings and powers to act before public authorities.
  4. Powers of attorney for specific acts: selling a particular property, accepting an identified inheritance, buying a specific home. This is the route residents abroad use to act in Spain; we explain it in international powers of attorney online.
  5. Revocation of powers of attorney, except lasting powers of attorney.
  6. Receipts of payment and cancellation of security, including the registry cancellation of a mortgage that has been paid off.
  7. Records of company general meetings and records of reference.
  8. Certification of signatures.
  9. Declarations of new buildings without ending co-ownership.
  10. Wills, only during a declared epidemic with lockdown, a provision carried over from the pandemic.
  11. Conciliation, if the notary considers it appropriate.

Which procedures it does NOT allow

Anything not on the list is excluded and requires physical presence (your own or an attorney's):

  1. Property sales and, in general, deeds that transfer assets.
  2. Mortgages and other secured loans: the borrower must also attend the prior in-person record required by Ley 5/2019 (the mortgage credit law).
  3. Ordinary wills. Making a will is still done in person.
  4. General powers of attorney and lasting powers of attorney, which are expressly excluded.
  5. Donations, marriage settlements and acceptances of inheritance.

The lawmakers' reasoning: acts with the greatest financial or personal consequences keep the requirement of physical presence. For almost all of them there is the usual workaround: a power of attorney for a specific act (which can be signed by video call) plus an attorney who signs in person.

Technical and identification requirements

  1. Electronic identification of the kinds listed in article 9 of Ley 39/2015 (the administrative procedure law): electronic DNI, a qualified digital certificate (for example the FNMT one) or Cl@ve. Residents abroad can get the FNMT certificate by proving their identity at the Spanish Consulate, or use a qualified certificate issued in the EU.
  2. Qualified electronic signature to sign the document. If you do not have one, article 17 ter allows you to obtain one free of charge from the notarial electronic office during the process. In practice, the notary issues it to you in the same video call.
  3. Basic equipment: a computer or phone with a camera, microphone and a stable connection. The platform runs in the browser.
  4. NIE or DNI. Foreign nationals signing acts with tax consequences in Spain (powers to buy, inherit or set up a company) need an NIE.

The steps, one by one

  1. Register on the Portal Notarial del Ciudadano with your certificate, electronic DNI or Cl@ve.
  2. Choose a notary. You can choose freely across Spain: you can sign with a notary in Seville while living in Munich. If you work with us, we suggest registered notaries used to dealing with signers abroad.
  3. Open the file and upload the documents: your ID, the draft of the document and whatever the act requires (the SL's articles of association, the property details, a zero-balance bank certificate for a cancellation).
  4. The notary reviews and books the appointment. Before the video call they check that the act is lawful and prepare the document. If something does not fit (a general power disguised as a specific one, unclear powers), they correct it with you or refuse to authorise it.
  5. Signing video call. The notary identifies you, checks your capacity, reads the document and answers questions. It is the same check as at the notary's desk, with a camera in between.
  6. Electronic signature. You sign with your qualified signature inside the platform; the notary authorises the document with theirs and adds it to the electronic protocol.
  7. Electronic authorised copy. You receive it on the portal and the notary can send it electronically to the registry, bank or authority that needs it. If you need a paper copy, any notary's office can issue one.

With clear paperwork and a working digital certificate, 24 to 72 hours can pass between registering on the portal and receiving the authorised copy.

Video call, consulate or in person: which suits you

Video call (Portal Notarial)Spanish ConsulateIn person at a notary's office
Where you areAny country, with internetIn the consulate's country, with an appointmentIn Spain
Typical timescale24 to 72 hours with a digital certificate2 to 8 weeks depending on the appointmentDays, depending on the office's diary
Key requirementDigital certificate, electronic DNI or Cl@vePassport or DNI and travelIdentity document
Acts allowedClosed list in article 17 terAny notarial actAny notarial act
Document formatImmediate electronic authorised copyPaper, which has to be sent to SpainPaper or electronic copy

Three typical situations where the video call clearly wins:

  1. The emigrant with a sale under way. His brother signed the deposit agreement on the strength of a verbal go-ahead, completion is in three weeks and the consulate's first appointment is in six. The power to sell by video call arrives in time; the consular one does not.
  2. The foreign founder of an SL. They can sign the formation or the commercial power of attorney by video call without setting foot in Spain, and link it with registration through CIRCE.
  3. Someone who paid off their mortgage years ago and lives abroad. The registry cancellation of the security is on the article 17 ter list: a zero-balance certificate from the bank, a video call and off to the registry.

Documents you need

  1. A valid DNI, NIE or passport (and an NIE for acts with tax consequences if you are a foreign national).
  2. Digital certificate, electronic DNI or Cl@ve to log in and identify yourself.
  3. Draft of the document to be signed, with the powers and full details.
  4. Paperwork for the specific act: articles of association and name certificate for an SL, registry details of the property for a power to sell, a zero-balance certificate to cancel a mortgage.

Mistakes that invalidate the process

  1. Asking to sign an excluded act by video call. A property sale, an ordinary will or a general power of attorney will be refused. Check the list before you start.
  2. Identifying yourself with an expired certificate or someone else's. Electronic identification is personal; your company's or a relative's certificate cannot be used to sign in your own name.
  3. Drafting the power "for everything". Powers signed by video call must be for specific acts. Generic powers lead to refusal or to a power the registrar will not accept.
  4. Poor connection or equipment. If the notary cannot identify you with certainty because of image or sound problems, they must suspend the signing.
  5. Confusing the Portal Notarial with private websites. Notarial video calls only exist inside the notaries' official platform. Nobody can authorise a deed for you over Zoom.

Frequently asked questions

Is it as valid as signing at the notary's office?

Yes. A document authorised by video call is a public instrument with the same effects as one signed in person: the same (electronic) protocol, the same notarial authentication and the same effect before registries, banks and courts.

Can I sign from abroad?

Yes, and that is one of its main uses. The law does not require you to be in Spain at the time of signing. Someone living in Mexico or Germany can sign a power to sell their Spanish flat without a consular appointment or an apostille.

How much does signing by video call cost?

The notary's regulated fees are the same as for signing the same document in person; the video call carries no legal surcharge. A power of attorney costs a modest amount (tens of euros in fees); forming an SL carries its own scale fee.

What if I do not have a digital certificate?

You need at least one form of identification under article 9 of Ley 39/2015 to log in (certificate, electronic DNI or Cl@ve). The qualified signature, on the other hand, can be issued to you free of charge by the notarial electronic office during the process. If you have nothing, the first step is to get Cl@ve or the FNMT certificate; from abroad, through the consulate.

Can I choose any notary in Spain?

Yes. Ley 11/2023 establishes free choice of notary across the whole country for video call signings, with no territorial limit.

What if my procedure is not on the list?

You can combine a power of attorney with an attorney: you sign a power for that specific act by video call and someone you trust signs the deed in person. That is how flats are sold and inheritances accepted from abroad, as in buying a home remotely.

Sign this week without travelling

Notaría Online coordinates video call signings with registered notaries: we check that your procedure fits article 17 ter, prepare the draft, help you with the digital certificate if you do not have one and arrange the appointment. If your act cannot be signed by video call, we set up the alternative with a power of attorney and an attorney. Tell us about it at international powers of attorney online and we will confirm the timescale and cost.

This content is for guidance only and does not constitute legal advice.

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