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Spain – Notaries offer electronic authorization

Spain – Notaries offer electronic authorization

Spanish notaries propose electronic authorization for companies and individuals.

The General Council of Notaries of Spain has unanimously adopted an agreement that would allow notaries to electronically authorize policies to finance companies and individuals on the electronic notary platform and via videoconference. Notaries would also be in a position to authorize other documents by video conference, such as wills in the event of an epidemic; special powers, revocation of powers (which would prevent its fraudulent use), and corporate acts. The use of videoconferencing for the granting of all these acts would reduce physical travel to notaries by up to 40%.

It would also allow, after the end of the confinement as a result of the COVID-19 crisis, all immunocompromised persons or, where appropriate, those who must maintain quarantine, to carry out such acts with full legal guarantees.

This agreement responds to the request of the Spanish Ministry of Justice. Spanish citizens, through the electronic notary platform and using any computer, mobile or tablet, could interact with the notaries of their choice so that they can advise and authorize said policies and would allow companies and citizens to interact with notaries without their physical displacement being necessary.

In addition, it would be possible for example to obtain free copies of the public deeds of mortgages to access the mortgage registry. It would be the notaries who would send the electronic copies to the credit institutions free of charge.

The action through the electronic notarial platform would be done in compliance with all computer safety measures, given that the (Spanish) General Council of Notaries is together with the General Directorate ofPolice (electronic ID) the only entity approved at the level of the European Union in Compliance with the EID Regulation that allows qualified electronic signature in the cloud. This is an interesting development to see real estate transaction becoming more and more virtual. A development to watch after the COVID-19 crisis!

Edited based on the original article in Inmodiario of April 16, 2020.
THIJS STOFFER
STOFFER CONSULTING GMBH

 

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