Functions of a notary in commercial companies

Below, we will explain the main role of the notarial function in commercial companies and all the benefits it can bring you.

The Notary has a key role for the entrepreneur: they ensure that all processes are legal and can provide very valuable legal advice for any company.

Choosing a trusted Notary is essential for operations related to commercial companies. Furthermore, it is worth noting that, since November 2023, many notarial procedures for companies can be carried out online, allowing you to work with the Notary of your choice.

Having a trusted Notary by your side is essential for your commercial company. This type of organisation requires document signing on a constant basis. Therefore, among the main advantages associated with the functions of a Notary in commercial companies are advice and the guarantee of compliance with the law through notarial legitimisation.

Furthermore, the functions of a notary also include notarial authentication guaranteeing that a document or agreement is genuine. Achieving preventive security is one of the main benefits of this professional for your business. In the various processes of a commercial company, you will have to submit many official documents to different organisations.

Some of the main organisations are the Mercantile Registry and financial institutions. This is especially relevant if you want to obtain some type of financing. On the other hand, acting as a company also brings many advantages to the entrepreneur as it allows you to separate your personal assets from those of your business. In the case of an SL, with limited liability, your personal capital will only be exposed up to your share capital. This is very important if things do not go as expected.

The notarial function begins from the incorporation of the company. It originates from the legal route, therefore it is independent of its partners. For this, it is necessary that all the people who are going to hold shares sign before a Notary depending on the capital contribution they have made.

This process can be carried out in person at the notary's office, or electronically, with an electronic signature, without the need to travel.

Law 11/2023, of 8 May on the digitalisation of notarial and registry actions, which transposes Directive (EU) 2019/1151 of the European Parliament and of the Council, establishes that all commercial actions of companies, from their incorporation to their dissolution, can be carried out entirely electronically and digitally, for the greater convenience of businesses.

When you need information, from our notary office in the Eixample of Barcelona, we will explain what this process will consist of, the documents you must bring on the day of signing, and we will resolve all your doubts. Also, on our website, you will find relevant information about our services related to the Incorporation of all types of companies.

Likewise, the Notary also intervenes in the appointment or dismissal of the administrator or administrators. Throughout the company's history, capital increases or reductions may be carried out, which require the presence of a lawyer to be effective. It is essential to be able to give authenticity to this type of process and avoid problems.

Amendments to the company bylaws or the transfer of the company's registered office are other functions of a Notary in commercial companies. On the other hand, mergers with other businesses, or any demerger, must also be verified. The professional figure of the Notary ends up being an expert who provides legal certainty to all companies and plays a key role in their company.

The appointments and dismissals of administrators, just like changes of registered offices, amendments to company bylaws or the public formalisation of company agreements, capital increases and reductions, mergers and demergers, changes of company types, dissolution and liquidation of companies, change of company name, declaration of sole ownership, amendment of corporate purpose or of the administrative body are procedures for companies that can be carried out online, through the notarial portal. It is no longer mandatory to choose the nearest notary’s office.