As anticipated in a previous publication of this blog dated May 11, 2023, the enactment of Law 11/2023 of May 8, published in the Official State Gazette (BOE), has represented a relevant event in the modernization of the Spanish notarial system.
This law, by incorporating Directive (EU) 2019/1151 of the European Parliament and of the Council dated June 20, 2019, has introduced substantial changes in the field of company law, promoting the adoption of digital tools and processes.
The updated legal framework has generated significant modifications in the Notary Law, facilitating the performance of certain notarial and registry procedures telematically. This development eliminates the need for the physical presence of grantors or interested parties in certain procedures.
As for the innovations implemented, with effect from November 9, 2023, it is worth highlighting the establishment of a single electronic notary office at the national level, under the supervision of the General Council of Notaries. This centralized office not only reflects a change in notarial management, but also facilitates the execution of all digital notarial services.
In addition, the formation of an exclusive computerized index has been established, managed by the General Association of Notaries, which merges the indexes of documents notarized individually by each notary. In this sense, the Association will be in charge of informing the tax administrations about the relevant information contained in this index, having tax impact.
Similarly, it establishes the power for notaries to issue authorized copies through the use of qualified electronic signatures, the latter being equivalent in conditions to the traditional copies in physical format.
Additionally, the execution of various legal acts and transactions by videoconference and by means of the use of qualified electronic signature through the notary’s electronic office is authorized.
Likewise, those involved have the possibility of carrying out different procedures through electronic appearance, such as the presentation of background information, the formalization of legal acts or transactions, the request for copies, and the request for identification of notarial documents.
These modifications, among others, signal a notable advance in the execution of notarial procedures in Spain, adjusting to European guidelines and leading to a substantial improvement.
From MDG Advisors we advise you to stay informed about future updates to take full advantage of this digital evolution.
Sandra Gámez Chaves.
