Electronic Signature before a Notary: How to do it?
We explain the electronic signature before a Notary: how to sign completely digitally at Notaries in Spain with the new Law 11/2023.
In recent months we have been experiencing major changes within the notarial field, through the innovations introduced by Law 11/2023, of 8 May. The main innovation is that citizens can electronically sign notarial public deeds, without the need to attend the notary's office in person.
We have been addressing this important development in several articles on our blog, in order to keep you all informed. As 9 November approaches, the date from which the online and digital notary will be launched, and the general guidelines of the new system for digital signing of notarial deeds are already known, we want to share with you the status of notarial electronic signatures by videoconference.
Tool and process for electronic signature before a Notary
1. Book an appointment on the Citizen's Notarial Portal
All signatures with Notary by videoconference will be processed through the Citizen's Notarial Portal. Let us look at the steps to proceed with the electronic signature before a Notary.
As with any type of notarial signature, the first step is to request an appointment by the client, but how is it requested? There are two possible ways:
First option: That the appointment is opened from the notary's office itself.
In this case, the client should call the notary's office, send an email, a WhatsApp message, or attend in person and request an appointment for a specific day and time, and ask for the signature to be carried out digitally.
If they choose this option, it is important that they provide identification details to the notary's office (name and surname, identity document, telephone number, email, etc.) and they will have to inform which document they want to sign. Furthermore, as we have mentioned before, they must be registered on the Citizen's Notarial Portal. It should be noted that up to 5 people can participate in the notarial electronic signature by videoconference at the same time, although it is planned to increase this number in future platform improvements.
Once the data has been confirmed by the Notary, they will open an appointment on the citizen's portal to sign by videoconference, listing all the participants. This appointment will be automatically communicated to the interested parties through three channels simultaneously:
- Through the mailbox of the citizen's portal.
- Through an email.
- Through an SMS that will be sent to the provided telephone numbers.
Second option: That the client themselves initiates the appointment.
The second option is that the citizen requests the appointment directly through the Citizen's Notarial Portal.
Once the client has chosen the Notary on the Citizen's Notarial Portal, the date and time of the appointment, and has filled in and uploaded all the documentation to the platform, a request for an appointment will appear in the notary's inbox. The Notary will be able to manage the signing, validating the documentation provided and approving the appointment. However, they may also cancel it if there are defects or if an electronic signing of an act that is not permitted by the new law is intended.
We believe it is more advisable that people who want to sign a notarial document via videoconference first consult the notary, and when the notary is clear that everything is correct, send the appointment to the client who wants to sign the deed via videoconference.
2. Granting of the notarial deed by Videoconference
First and foremost, the attendees must have uploaded their identity document to the Citizen's Notarial Portal, so that the authorising Notary can verify it. And once the videoconference has started, the Notary will identify and verify that the signer matches the submitted Document, in a manner similar to what happens with in-person signing.
Next, the reading of the original deed previously uploaded to the platform will take place (that is, the notarial document to be signed via videoconference). The Notary will open the document and share it on screen, so that the citizens can also read it and verify the content.
Once the deed and the attached documents have been read, the online signing process before the Notary will begin and the Notary will enable the signature for each of the interested parties.
3. Sign a notarial deed with an electronic signature before a Notary Public
Once the notary enables the signature of the attendees, each signer will be able to see the green enabled signature button and will be able to sign electronically. When they press this button, a tab will open allowing them to select the certificate with which they will sign, with two possibilities:
- Electronic signature issued by the Citizen's Notarial Portal. If you choose this option, a screen will open on the portal where you must enter your access codes, username, and signature. Once done, a code will be sent to your mobile phone which you must enter into the application as a security mechanism, and the notarial document will be digitally signed.
This certificate will have a temporary duration and will not be valid for digital actions other than the digital signing of the notarial document. - Signature issued by a third party, such as FNMT (Fábrica Nacional de Moneda y Timbre, although there will be several possible issuers). If you choose a third-party certificate, you must install the autofirma application (this app can be downloaded from the Citizen's Notarial Portal itself). The signature will be loaded through an electronic certificate and you must enter your credentials.
When everyone has signed, the text “signature completed” will appear on the screen and the Notary will be able to authorise the deed with their notarial digital signature.
Frequently asked questions about electronic signatures before a Notary
When does the online signing by videoconference of notarial documents under the new Law 11/2023 come into effect?
The digital signing of deeds and notarial policies, in cases provided for by law, will be possible from 9 November 2023.
Can I choose any notary from Spain for the digital signature of a Notarial document?
Yes, it is possible to choose any Notary from Spain to digitally sign a policy or deed. Thus, the client can choose the Notary from Spain for digital signatures who gives them the most confidence.
Therefore, there is no territorial jurisdiction restriction for the digital signing of notarial documents.
Can some people sign a notarial document digitally and others in the traditional face-to-face manner?
The answer is yes, if in the same notarial document there are parties who want to sign at the notary's office and others who want to sign digitally, it will be possible for some people to sign in person and others digitally.
How many notarial documents can be signed digitally in the same appointment?
For now, a maximum of four notarial documents can be signed digitally in the same appointment via videoconference. To sign more than four documents, a new appointment must be made. This is important for banking circuits and processes, as signatures such as mortgage cancellations and ratifications of actions by bank attorneys can be done in packages of four operations at a time.
What are the advantages of online signing of notarial deeds?
The advantages of digitally signing notarial documents are the digitisation and modernisation of the public notarial service, which brings greater closeness and speed in the exercise of the notarial function.
The online signing of deeds and notarial policies is just another option for citizens, bringing the Public Notarial Administration closer to the social reality of Spain and allowing Notaries to provide a higher quality public service with greater incorporation of new technologies.
Who benefits the most from signing deeds and notarial policies via videoconference?
The main beneficiaries of the reform introduced by Law 11/2023 are companies and corporations in Spain, including financial entities, as practically all notarial deeds of a commercial nature and all policies can be signed digitally.
Therefore, the Directors of the companies, if they prefer to opt for the new electronic signature before a Notary by videoconference, will no longer have to go to the notary's office to sign policies or commercial documents.
Furthermore, it is expected that companies will adopt the digital signature of notarial documents faster than other clients, as it is most common for company directors to already have an electronic certificate.
How to contact JLA Notarios for more information or to sign a notarial document online?
At JLA Notarios, we are Notaries in Barcelona with years of experience. If you need to know more about the process of digital signature before a Notary, do not hesitate to contact us. You can reach us via our email bcn@jlanotarios.com, by filling out the contact form on our website or by calling 93 159 17 62.
