Notaries

Why to make an appointment

A notary provides you with free and impartial advice and indicates the best route in order to achieve successfully  your objectives within the framework permitted by civil, commercial, administrative and tax legislation.

It is essential to use the services of the notary freely chosen by you at the initial stage of negotiation. Do not sign any type of private agreement prior to the authentic notarial deed without first having consulted your notary, and do not hesitate to raise any doubts and concerns as to any matter connected with the processing of the deed, the taxes, registers… If you decide that for the moment it would not be advisable or desirable to put your plans into action, the notary will not charge you for this consultation.

Notaries are obliged to offer legal advice, to interpret, configure and authenticate the will of all the parties in accordance with the law, and in particular the party requiring the greatest protection (Article 147 of the Notarial Regulation).

As a civil servant, the notary will adapt any document, declaration or act that private individuals might request in accordance with strict legality, and will confirm that the business that the parties wish to conduct fulfils the requirements demanded by the legal system. This oversight of legality offers you the utmost guarantees and complete certainty that your contract or transaction is definitive, permanent and effective.

Advice from a notary is advisable in the following matters:

  • Private individuals:

    • Leases
    • Prenuptial agreements
    • Sales and purchases
    • Notifications served on local councils of new properties transferred or created
    • Establishments of easements or encumbrances
    • Establishment of usufructs and rents
    • Declaration of intestate heirs
    • Declarations to the Register of Foreign Investments
    • Dissolution of shared marital assets
    • Donations
    • Emancipation of minors
    • Submission of files to the Register of Last Wills and Testaments
    • Formation of the land survey record of properties
    • Information for charitable organisations that are the beneficiaries of bequests or inheritances without their knowledge
    • Inventory of assets
    • Declaration of inheritance
    • Measures to protect disabled relatives
    • Measures for protection against encumbered inheritances
    • Measures in the case of common law partnerships
    • Modification of marital asset regime
    • Modifications of real estate properties
    • Payment of inheritance taxes
    • Division of inheritance
    • Powers of attorney and authorisations
    • Granting of permission to immigrants for family reunification
    • Personal and mortgage loans
    • Family reunification
    • Recognition of children
    • Amicable resolution of marital problems
    • Withholding of part of the price of sales performed by non-residents
    • Holding companies
    • Non-residency applications
    • Testament
  • Companies:

    • Oversight of subscription or purchase of shares
    • Winding-up of companies
    • Financing of companies
    • Mergers, demergers and transformations
    • Urban planning and development
    • Real estate leases
    • Notifications of listed companies of non-stock market operations involving listed securities
    • Incorporation of public and private limited liability companies
    • Transfer of shares and stock
    • Transfer of patents and trademarks
  • Social benefit:

    Notaries provide a social benefit for citizens. Free advice and freedom of choice of a notary provide those users with less income or limited experience of legal matters with access to a service offering the same characteristics and guarantees as any other. There are to this end almost 3.000 notaries throughout Spain, even in very small villages, which means that all citizens have access to notarial services.

    In 1999 the General Council of the Notariat set up a foundation, Æquitas, to improve the legal protection of those sectors of society requiring particular safeguards. The Foundation provides advice on the legal and operational capacity exercised by the most vulnerable, and advises citizens and their representatives on matters concerning their social, legal and economic protection.

    People with disability, the elderly, immigrants, victims of gender violence, and all those suffering any type of discrimination on the basis of race, gender or age, as well as their friends and relatives, can access a consultation service free of charge at http://aequitas.notariado.org/liferay/web/aequitas/inicio, with the aim of resolving their queries and providing them with informative guidance.

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