Amending the Notaries Act to incorporate online notarization procedures bridges the gap between traditional practices and the need to comply with the digital era.

In an age where embracing digital innovation becomes not just a choice but a necessity, Spain is leading a remarkable transformation in its legal landscape. At the heart of this shift is a transformation in how notarial deeds are processed, signaling a move away from traditional, paper-bound practices towards dynamic, digital processes. The change in the notary reform speaks volumes about Spain's commitment to modernizing its legal system, making it more accessible and efficient for its citizens and businesses. 

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Embracing the Digital Archive: A Step Towards Modernization

The introduction of the Draft Law on the digitization of notarial and registry actions, announced in November 2022, marked the beginning of a significant transformation. The new legislation envisions the creation of a digital archive for Notary offices, transitioning from paper to digital. This move aims to streamline the in person processes around notarization, by harnessing the efficiency and accessibility of technology.

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Videoconferencing Technology

An innovative step within this digital transformation is the ability to grant certain deeds via videoconferencing technology.

Without having to go to the Notary's Office, individuals and businesses will be able to notarize the following legal acts and transactions through videoconferencing technology:

• Commercial agreements.
• Incorporation of companies, appointments, and powers of attorney, as well as any other corporate actions, as long as the shareholders contribute to the share capital in cash).
• Powers of representation, both procedural and electoral. However, powers of attorney of a general or preventive nature may not be granted through videoconference.
• Revocation of powers of attorney, except general powers of attorney.
• Letters of payment and cancellation of guarantees.
• Notarial deeds for general meetings and reference deeds in the strictest sense.
• Documents certifying signatures.
• Last wills and testaments in the event of an epidemic outbreak, especially when confinement is obligatory.
• Declarations of new construction without putting an end to the condominium or dividing the horizontal property.
• Arbitration, unless the notary thinks it should be resolved differently.
• Legal acts and transactions that have been established by regulation.

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Legislative Reforms Paving the Way

Backing these technological advances in law are legislative reforms such as Law 11/2023, which amends the Notaries Act in alignment with the EU's Directive (EU) 2019/1151 transposes several European Union directives into Spanish law, covering a broad spectrum from the accessibility of certain products and services to the Law on the Notarial Profession to pave the way for a digital revolution in legal transactions. This legislation is a clear statement of Spain's dedication to digitizing notarial procedures, allowing a wide range of legal acts to be performed online. It's a testament to the country's forward-thinking approach, ensuring that its legal system evolves in step with the digital era.

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The Future of Notarial Certifications

Under the new legal changes, notaries will issue paper copies only upon explicit request, with a primary shift towards electronic copies. These will bear a unique record number and a secure verification code (CVS) to ensure authenticity, accessible through the notary's electronic office portal. The electronic certified copy stands on equal legal footing with its paper counterpart, a move that signifies the adaptability of Spanish law to digital needs.

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Legitify: Pioneering Remote Notarization

In this changing legal landscape, Legitify has been at the forefront of remote notarization since 2020. It offers a streamlined and efficient online notarization solution, allowing users to notarize documents online remotely across different jurisdictions. The solution enables users to schedule appointments with notaries in the relevant jurisdiction, and participate in online notarization sessions. With Legitify, remote notarization becomes a secure, accessible, and streamlined experience, embodying the company's commitment to bridging the gap between traditional notarization practices and demands of the digital era.

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A More Connected Future

Spain moving towards digital notarization is emblematic of a broader shift towards a more connected, digital society. It reflects a future where legal services are not just efficient and secure, but also accessible and inclusive, recognizing the diverse needs of individuals and companies.

Spain's digital leap in the legal sector, shows how combining technology and law can modernize legal services to be more transparent, and aligned with the needs of the digital world. 

Interested in learning more about how Legitify can help you with its notarization solution? For general inquiries contact our team at info@legitify.eu, for any questions support related inquiries reach out to our Support team at support@legitify.eu.