Law 11/2023, of May 8, brings a series of significant innovations in the notarial field in Spain, including the option to sign certain types of notarial deeds electronically without the need to appear in person at the notary. This advancement will be implemented through the Citizen's Notarial Portal, which will facilitate this digital process.
Steps to sign a notarial deed with electronic signature before a notary:
- 1.- Schedule an appointment on the Citizen's Notarial Portal:
- All signatures with a notary via videoconference will be processed through the Citizen's Notarial Portal.
- To proceed with the electronic signature before a notary, appointments can be requested in two ways:
- Request the appointment in person at the notary office: Contact the notary office by telephone, email, or in person to schedule an appointment on a specific date and time, and request that the signature be done digitally.
- Request the appointment through the Citizen's Notarial Portal: You can schedule the appointment directly on the provided digital platform.
- In both cases, identification data and the document to be signed must be provided. It is also necessary to be registered on the Citizen's Notarial Portal.
- 2.- Granting of the notarial deed via videoconference:
- Once the appointment is scheduled, the notary will send an email with the appointment details, the required documentation, and the steps to follow.
- On the day of the appointment, access the videoconference with the notary, who will identify the client and verify the document to be signed.
- Subsequently, the notary will read the notarial deed and enable the option to sign digitally.
- 3.- Sign a notarial deed with electronic signature before a notary:
- The notarial deed must be signed using an electronic certificate, which can be issued by the Citizen's Notarial Portal or by a third party, such as the FNMT.
- Once the notarial deed is signed, the notary will proceed to authorize it.
Frequently asked questions about electronic signature before a notary:
- When will the online signature via videoconference of notarial documents be available?
The digital signature of notarial deeds and policies will be available starting November 9, 2023.
- Can I choose any notary in Spain for the digital signature of a notarial document?
Yes, you can select any notary in Spain for the digital signature of a policy or deed.
- Is it possible for some people to sign a notarial document digitally and others traditionally in person?
Yes, in the same notarial document, some parties can choose to sign in person while others can sign digitally.
- How many notarial documents can be signed digitally in the same appointment?
For now, in the same appointment, a maximum of four notarial documents can be signed digitally via videoconference.
- What benefits does the online signature of notarial deeds offer?
The online signature provides modernization and digitalization to the public notarial service, offering greater accessibility and speed in notarial management, as well as having electronic copies of all your documents in the appropriate folder on the Citizen's Notarial Portal.
- Who benefits the most from the videoconference signature of notarial deeds and policies?
Companies and corporations in Spain are the main beneficiaries of this reform, as most commercial notarial deeds and all policies can be signed digitally. This allows company administrators to opt for electronic signature before a notary via videoconference, avoiding the need to travel to the notary office to sign policies.
How can notaria-online.com help you in the granting of deeds remotely?
- By contacting notaria-online.com, you can receive all the necessary information to access the Citizen's Notarial Portal, we will answer all your questions and you will have an advisor who will guide you at all times through the process of performing your digital signature.
- We can act on your behalf if you grant us a power of attorney, to sign all the notarial documents you need, either because you do not have enough time, or because you do not want to get involved in granting deeds with family members, for example. By granting that power digitally, we will be the ones to handle the signing of all the documentation, not only notarial, but also the submission for payment of the associated taxes and registering the deeds in the necessary registries.
- Likewise, with associated notaries, we can facilitate appointments at various notaries in Spain for the quickest and most agile granting of the documents you need.
- As not all types of documents can be signed remotely through the Citizen's Notarial Portal, from notaria-online.com we can help you with the drafting of your notarial documents so that once they are approved, we send them to the most convenient notary office for you to sign them in person. We have been providing this service since 2017 with many satisfied clients. You can read the comments on Google Business
Do not wait any longer and contact notaria-online.com by calling 910624354, you can also send us a WhatsApp to 689144694 or email us at [email protected].
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Additional information about the law:
Law 11/2023, of May 8, represents a significant advancement in the notarial field in Spain, marking an evolution towards the digitalization of notarial services. This legislation introduces electronic signatures in various notarial and registry actions, allowing notaries and registrars to use their qualified electronic signature for electronic entries, registry resolutions, certifications, and, in general, any document that must be signed by them1. Notaries will be able to issue authorized copies with their notarial electronic signature under the same conditions as paper copies, sending them through the electronic notarial headquarters. Technical measures are also established to ensure the integrity, authenticity, and non-manipulation of the electronic protocol, as well as its encryption and preservation.
This law is identified as one of the most important reforms of the Notary Law in the last 161 years, with a clear focus on the "digitalization of notarial actions". Law 11/2023 also covers the transposition of European Union Directives on the accessibility of certain products and services, migration of highly qualified individuals, and tax aspects.
Comparatively, in the international context, the digitalization of notarial services in Spain aligns with the European regulations established through the eIDAS Directive (Regulation No. 910/2014), which standardizes electronic signatures and trust services for electronic transactions within the internal market. The eIDAS Directive established a legal framework at the European level for electronic signatures and certification services, with the aim of facilitating the use of electronic signatures and helping them to be legally recognized within Member States. Spanish Law 6/2020 complements the eIDAS regulation and governs certain aspects of trusted electronic services.
Regulations on electronic signatures in Spain have evolved from the original 1999 European Directive, through the 2003 Electronic Signature Law, to the eIDAS regulation in 2014, which was complemented by Law 6/2020, and subsequently, Law 11/2023 that incorporates electronic signatures in the notarial field.