Many thousands of years ago, from the most primitive cultures, people thought about the need to leave written testimony about the agreements that took place between different people.
The word NOTARY comes from the Latin “NOTARE” whose meaning is to designate, to write, to note, to mark with a sign, to take note.
The function of the notaries are of utmost importance since they are dedicated to verify, legitimize and “give public faith” of the agreements between persons and entities. And all this is carried out by the recognized figure of the NOTARY.
WHAT DOES IT MEAN “TO GIVE PUBLIC FAITH”?
In colloquial terms, “public faith” gives the condition of “truthful” to any document
WHAT IS THE DEFINITION OF NOTARY IN SPAIN?
We can define the Notary as a public servant, generally with a law degree, in charge of granting full authenticity to the declarations made before him/her and who is invested by law to give public faith of the acts and facts made by any individual. In order to perform his job, the Notary, in addition to his university degree, must have passed a public examination (public competition) as a means to become a public officer.
Despite being a public officer, notaries are different from civil servants because they carry out their profession in free competition. This means that, even though they carry out a liberal profession, it is the State that determines the price of the services rendered, without Notaries having the freedom to modify it.
The explanation for the control of Notaries’ prices is quite simple: the State must ensure that notarial services are available to any citizen who needs them.
In general terms, the State establishes a fixed price for each type of document that does not have a value, such as a general power of attorney, a will or a marriage contract. For those documents that do have an amount, such as a purchase of a property, the State establishes the fees in brackets based on the amount that is declared.
WHAT ARE THE REASONS TO USE A NOTARY´S SERVICES?
In many occasions it will be mandatory to go to the notary because the document to be signed requires it. There are many processes in which the services of the notary are obligatory to give veracity to the documents that are presented.
Nevertheless, we will be able to require the services of the Notary whenever we want to record some fact on a document that has legal validity.
WHAT ARE THE REASONS TO USE A NOTARY´S SERVICES?
In many occasions it will be mandatory to go to the notary because the document to be signed requires it. There are many processes in which the services of the notary are obligatory to give veracity to the documents that are presented.
Nevertheless, we will be able to require the services of the Notary whenever we want to record some fact on a document that has legal validity.
WHAT ARE THE MAIN FUNCTIONS OF A NOTARY?
As we have explained in the previous paragraphs, the Notary is a public officer, who is accredited to attest, according to the laws of contracts and other extrajudicial acts.
All Notaries are guided by the law of May 28, 1862, as well as the Regulation of the organization and regime of the Notary’s office, which was approved by Decree on 2nd June 1944 and subsequently amended in 2007.
It would be impossible to list all the jobs performed by Notaries, but here are the most common tasks:
• Exercising notarial public faith: the Notary must verify that all the information included in a given document conforms to the laws. Therefore, before signing any deed, the Notary must ensure that what is agreed does not violate any law and that all parties to the agreement have the right and power to sign it, either on their own behalf or on behalf of a third party.
• In addition to ensuring the legality of the agreement, the Notary also has the obligation to give advice to citizens who request it. The notary must give appropriate advice as to the most suitable legal requirements in each case or context, as well as explain whether there are any legal impediments to the signing of the document in question.
• Notaries also provide legal certainty and can make a particular document publicly valid for use in different bodies or even another country.
• The document signed before a notary can automatically be used as a means of proof in any kind of proceedings.
• The notary is in charge of handling inheritances and wills.
• He intervenes and authenticates the incorporation or dissolution of capital companies, transfer of shares, purchase and sale of properties, constitution or cancellation of mortgages, etc.
• The Notary can also be consulted to resolve doubts relating to tax matters.
• He also intervenes in matters of dissolution of marriages, separations and divorces, as well as the celebration of weddings and the constitution of unmarried couples.
• The Notary’s office prepares and executes notarial deeds for those cases provided for by law or for other cases in which citizens are willing to do so.
• Notaries must also correct errors in public deeds.
• The notary gives written testimony that a person is alive, which is known as an “attestation of life”
• Issuing copies of public deeds.
• Acknowledging private documents, attesting and publicly recording everything stated by the interested party and what is contained in the document.
• They have the obligation to preserve and store the notarial archives, with no time limit.
• Authentication of signatures or copies
WHAT ARE THE SPECIAL CHARACTERISTICS OF NOTARIES?
Notaries are experts in the law and are characterised by their impartiality and approachability. However, Notaries are also distinguished by the following characteristics:
Independence
Despite being civil servants, Notaries are completely independent, only conditioned by what the law establishes, which means that their impartiality is guaranteed in all their work and responsibility.
Qualified professional
Becoming a Notary is not an easy task, nor is it within the reach of everyone. In principle, it requires university studies and then a competitive examination, which generally entails several years of intense study and a tough evaluation process. After passing this examination, the Notary has to keep up to date with the passing and repeal of laws, making study part of their daily life.
Security
The service offered by the Notary is a guarantee of both security and legality, as their studies make them experts in the field of law and registration. As mentioned above, once the notary signs the document, it acquires the status of truthfulness and can be used as proof before the Courts of Justice or any other body.
Peace of mind
Signing a document, regardless of its nature, in front of a Notary translates into peace of mind for the parties involved because it means that the document is truthful and complies with all the provisions of the law.
Notary fees spain
Buying or selling property in Spain can be a complex process with various costs involved, including notary fees. A notary is a public official who plays a crucial role in ensuring the legality of the transaction. Notary fees are the fees charged by the notary for their services and are calculated based on the value of the property.
Notary fees in Spain are governed by law, and buyers usually bear the cost, although there are instances where the seller may also contribute. The exact amount of notary fees can vary depending on the location of the property, and each notary may have their own fee schedule. However, a general rule is that notary fees in Spain are usually around 0.5% of the value of the property.
It is important to understand that notary fees are only one of the many costs involved in buying or selling property in Spain. Other costs, including taxes, legal fees, and registration fees, should also be considered when estimating the total cost of the transaction.
Notary fees are not negotiable, unlike other fees such as estate agent fees. Therefore, it is essential to factor in notary fees when planning a property purchase in Spain.
In conclusion, notary fees are an essential part of the process of buying or selling a property in Spain. They may increase the overall cost of the transaction, but they are necessary to ensure that the sale or purchase complies with Spanish law.
