In response to the need to create a legal and administrative framework that would facilitate a less costly and faster incorporation of small and medium-sized businesses, the Spanish Notariat developed an application for the creation of the “New Enterprise Limited Liability Company” (SLNE) and the “Limited Liability Company” (SRL), by means of the administration of documents and the transfer of data at the notary’s office and other bodies involved in the incorporation of a Company:

• Circe (Information Centre & Business Setup Network)
• Central Companies Register
• Autonomous Regions
• Social Security
• Provincial Companies Register
• AEAT (State Tax Administration Agency)
• Local Councils, Provincial Authorities, for certain types contributions.

By means of a complex technological mechanism, it is now possible to incorporate a companyfrom start to finish in 1 day, through a radical reduction in paperwork and visits to public offices.

All the procedures required to set up an SLNE or SRL are performed at the notary office itself by means of electronic notarial documents, without the need for the entrepreneur or business person to have any technological knowledge. The notary is, then, one of the cornerstones of this system.

With the remote electronic processing of limited liability companies, it is no longer necessary for an entrepreneur to go in person to the Companies Register, Social Security and Tax Offices, as the notary presents the documentation required by remote electronic channels, thereby providing entrepreneurs with a secure gateway to the world of new technologies.

The aim of this service is to increase the agility and value of communications between the Notariat and the various Public Authorities by providing direct, online communication with the AEAT for the automatic issuance of provisional NIF numbers for recently incorporated companies.

The use of this ID is valid for the various communications resulting from such companies, thereby resolving the current problem of the lack of a NIF number on the part of recently incorporated companies when a document is authorized by the notary.

Issuance of a provisional NIF initially ends with obtaining a definitive NIF, when is confirmed the provisional from the AEAT in the notary office, once the notarial public instruments has been registered by the commercial registry. All of this will be possible without the entrepreneur to complete any extra paperwork.

This service can be used to perform the process of registering notarial public instruments at registers (both mercantile and land registers) via remote electronic channels. This functionality provides a response to the Act 24/2005 on the Promotion of Productivity, establishing that all documents subject to registration may be submitted electronically at the register with the notarial recognised electronic signature of the authorising notary, intervener or person responsible for protocol.

The process begins with the remote electronic submission of a notarial instrument by the notary, for registration in the corresponding registry. Once the registry receives this request, it will automatically returns the entry number.

After sending the entry number, the registry issues the registration number within a maximum period of 24 hours. The number might be sent by the registry and not the registrar. In this case, the registrar is granted a period of 10 working days to ratify it.

Lastly, within a maximum period of 15 working days of the receipt of the registration number, the registry must send the corresponding qualification.

This service for the online notification of data to the above mentioned bodies regarding notarial documents with a tax impact. It is generated on the basis of the Single Notarial Computerised Index, which was redesigned in 2007 in order to contain the information to be provided on the datasheet agreed between the General Council of the Notariat and a substantial representation of Autonomous Regions, the Spanish Federation of Municipalities, Eudel (associated municipalities of the Basque Country), Provincial Authorities, etc.

These communications facilitate the most relevant details in terms of taxation, for the management of the following: Asset Transfer Tax and Stamp Duty (ITP &ADJ), Tax on the Increase in Value of Urban Land (IIVTNU, capital gains), and Property Tax (IBI).

The Asset Transfer Tax and Stamp Duty (ITP & AJD) application offers citizens and the Public Authorities a simple, fast and secure electronic resource for joint collaboration in the calculation, settlement and payment of these taxes applied to Asset Transfers for Payment, Corporate Operations and documents subject to Stamp Duty at each Autonomous Regional Tax Office.

An online tax payment receipt is obtained, to provide a comprehensive and swift means of achieving registration at mercantile and land registries.

This service allows the notary to use an electronic form to proceed to issue the request for certificates from the Register of Life Insurance Contracts, which subsequently issues these, stating which contracts in force included the deceased as an insured, and which insurance entity they were signed with.

Having requested the death certificate from the interested party, the notary must then complete a form and send it, with electronic signature, to the Life Insurance Register. The register issues a certificate with the information requested within a maximum time period of 7 working days. The notary must, under his official cognizance, record the certificate issued by the Insurance Register on paper and include it in the instrument of allocation or division of inheritance.

The certificate request is associated with the accrual and settlement of an official levy, payable by the interested party or the person requesting the certificate, with the notary acting in this case as the party presenting the request and paying the levy.

This service allows the notary, by means of a simple and agile electronic process, to request certificates from the General Register of Last Wills and Testaments of the Ministry of Justice, which then issues the certificates in question.

Having requested a death certificate from the interested party, the notary completes a form and sends it, with electronic signature, to the General Register of Last Wills and Testaments. Within a maximum period of ten working days, the register will issue a certificate setting out the wills drawn up by the individual concerned, providing said testaments exist. The notary must, under his official cognizance, record the certificate issued by the General Register of Last Wills and Testaments on paper and include it in the instrument of allocation or division of inheritance.

The certificate request is associated with the accrual and settlement of an official levy, payable by the interested party or the person requesting the certificate, with the notary acting in this case as the party presenting the request and paying the levy.

This service allows the notary to employ a simple electronic process to serve notice on the notarial college of a testament record or intestate act. This dispatch to the chamber will always be supported by the recognised notarial electronic signature (Feren).

The Chamber, having confirmed the information received, has the task of despatching this each week to the General Register of Last Wills and Testaments of the Ministry of Justice.

These consultations obtain the electronic description and graphical certification of properties (land survey references) for which digital cartography is available. Notary offices access the application with a recognised notarial electronic signature card, avoiding the need to trave and providing greater information and security in performing legal acts.

The certification obtained by the notary electronically has the same validity and generates the same effects as that obtained on paper at the offices of the Land Survey, and today represents an irreplaceable element for the legal security provided by the notaries:

• Land Survey certificates serve to fulfil the notary’s obligation to ensure that, when the private individuals do not provide the land survey reference of the properties forming the object of the legal business, they can be provided by the notaries in accordance with the obligation imposed by the Revised Text on the Land Survey Act. 
• The Descriptive and graphical description certificates are essential elements for the registration or properties and annotation of surplus area, while serving to provide information for clients as to the land survey status of their properties, either to rectify or confirm titles or to be informed of inaccuracies in the land survey requiring rectification.

Service intended for financial entities, allowing for the remote electronic processing of mortgage loans, overseeing at all times the status of the case and reducing costs and time required for the process both at the notary office and at the financial institutions themselves.

The applications on which this service is based are conducted in accordance with a standard procedure for communication with financial entities. This communication is based on strict frameworks of electronic security by means of encrypted messages and the use of electronic signatures, allowing citizens a free choice of notary by identifying them in any of the 2.900 notarial offices. The notary has access the client’s banking records, downloading them in order to provide assessment and then sign them, providing the client gives consent.

Service intended for financial entities, allowing for the remote electronic processing of mortgage loans, overseeing at all times the status of the case and reducing costs and timerequired for the process both at the notary office and at the financial institutions themselves.

Facilitates the management of the following operations:

• Loans with personal guarantee
• Credit account
• Guarantee lines/Counter-guarantees
• Factoring
• Consolidation
• Leasing equipment

By way of this service, any power granted in any notary office in Spain can be communicated, via secure electronic channels, to the Judicial Neutral Point. Firstly, this avoids paperwork in the Administration of Justice, and secondly, it allows the legal secretary to consult whether the power issued in any legal proceeding is genuine and still in force.

Likewise, prosecutorial powers granted in the notary office will be available on a secure portal accessible by all solicitors in Spain, which will allow them to consult the copy in real time. 

A service which offers an assessment of the market value (price per m²) of urban or rural properties.

The result is a table showing the evolution in the price per square metre over the last five years with percentage variation and a year on year figure.

Additionally, for each year, the number of results matching the search criteria is displayed.

Service which allows an attested affidavit to be sent to the Justice Ministry for the granting of Spanish nationality to foreign nationals of Sephardi origin.

In order to evaluate the application submitted by the concerned party prior to the issue of the attested affidavit, the notary can access the Sephardi nationals’ portal to download all information and documentation they have provided.

The notary will also be able to issue a letter of invitation to those who request it.

Service which allows the electronic acquisition of a certificate of a homeowner’s debts to the association, for those properties which are to be listed on public purchase records. The transferor is obligated to provide said certification, as stipulated by article 9.1 (e) of the Condominium Property Law.

Service which offers a communication channel with the BOE to:

• Send notice of an auction to the electronic auction portal of the BOE, with the concerned parties’ information, the conditions of the auction, as well as the goods on sale.
• Publish announcements in the BOE, according to the specifications established by the State Agency of the Official State Gazette.

This service has been created with the intention of permitting the notarial community to recycle information they have deposited concerning beneficial ownership of companies that have been involved in public documents, meaning any notary or entity subscribed to the service to obtain the title deeds of any company, just by way of their Corporate Tax ID (CIF). 

Service which allows for the notification, modification, correction, amendment and revocation of any notarial instrument authorised by another notary. The protocol for this service covers the nuances contained in legal transactions affected by the new notarial instruments, providing legal certainty, order, control and immediacy.