Spanish Public Notary

Spanish notaries are public officials who witness, register and guarantee the legality of a document, as well as verify signatures and authenticate many types of agreements. In other words, a public notary in Spain is both an independent professional and a civil servant. The fees required for the services of a public notary in Spain are set by the government, based on the number of clauses in the deeds or the declared value of the goods that are subject for the contract. The government is also the one that decides the number of notary positions in a municipality in Spain. All the public notaries in Spain form the Body of Notaries, where members share same duties, rights and obligations determined by the law. The Body of Notaries regulates the professional activity of public notaries in Spain, but its hierarchical organisation is decided by the Ministry of Justice. Local Colleges of Notaries or Notary Associations governed by boards of directors will supervise the legal activity of the public notaries in Spain in a specific territory.

Admission

The profession of public notary in Spain is highly respected and very well paid. In order for a person to become a Spanish public notary, they must hold a law degree. After finishing a law school of three or five years, a candidate for public notaries in Spain must pass an access examination that evaluates their knowledge in terms of civil law and other activities. It’s only at that point that he can choose the position of a “Notario”, that is a public notary in Spain.

Activities

A public notary in Spain has to be objective and represent both the vendor and the purchaser in transaction agreements. Beforehand, a Spanish public notary has to make both parties understand the terms of the contract and answer to any questions that may arise.  When it comes to selling properties, a public notary in Spain has to sign the contract in order for the land to be registered in the property register. Other activities that a public notary in Spain has to perform include constituting a corporation or limited liability company, redacting and registering wills, issuing deeds for transactions of properties, sign prenuptial agreements of a credit from a bank.