What are the functions of a notary?
Table of Contents (8)
- What is a Notary and what does a Notary do in Spain?
- What is a Notary for and what are their functions?
- What functions does a Notary perform?
- At the Notary's office, what do they do?
- Personal procedures
- Functions of a Notary in commercial companies
- The functions of the Notary for companies begin with the incorporation of the company.
- Services for companies
We explain what a Notary is and the functions of a notary in Spain. If you want to know the role they play in legal security and in which procedures they are involved, we tell you below.
What is a Notary and what does a Notary do in Spain?
Every Notary is a public official with functions of legalisation and authentication of documents. The Notary is a professional who, above all, must provide legal certainty, as established by the Constitution in its article 9 in the field of extrajudicial legal transactions.
With this objective, one of the main functions of a Notary is to provide good legal advice and resolve doubts professionally. Furthermore, the figure of the Notary is a guarantee of legitimacy and security both for individuals and for the State.
What is a Notary for and what are their functions?
Going to the Notary is necessary at those times when, for example, sales contracts need to be formalised or the deeds of a flat need to be made. It is also necessary to have a Notary to grant a power of attorney, draw up a will, change a matrimonial regime or make a donation. For this reason, it is highly recommended to have the contact of a trusted Notary, for when these actions need to be carried out.
What functions does a Notary perform?
Many times, the functions of a Notary involve making decisions without having to go through a court. To do this, the Notary studies each case and advises on the most convenient way to carry out the procedure, informing about the consequences and the taxes to be paid.
To fulfil their objectives and provide an adequate service to all parties involved in a transaction or procedure, the notary has essential knowledge and values for the correct assessment and acceptance by those involved. The most notable aspects of a notary to provide an adequate service are the following:
- Professional training: They have secured their position in accordance with the law, passing highly difficult competitive exams and, furthermore, continue training on new legal updates.
- Calmness: The Notary, due to their training and experience, provides calmness during signings that often involve large sums of money.
- Approachability: Thanks to their ongoing contact with clients of all kinds, a good notary will also manage to generate approachability so that clients feel more at ease while signing documents and closing important transactions.
Discover other functions such as conflict mediation in the following article:
At the Notary's office, what do they do?
The main procedures involving a notary can be divided into two types: personal procedures and business procedures.
Personal procedures
On the one hand, within personal procedures, the most common are inheritances and donations, wills, and granting of a power of attorney. Additionally, one of the best-known notarial procedures is the one linked to a sale. When it comes to the sale of a property, this must be formalised with a deed before a Notary for sale.
Besides, we can find many other functions of the Notary related to personal procedures such as, for example:
- Personal loans and mortgages
- Marriage settlements
- Lifetime donations
- Minutes before a Notary
Functions of a Notary in commercial companies
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. Commercial companies require signatures constantly and a trusted commercial Notary is essential.
Furthermore, the functions of a notary also include notarial authentication, ensuring that a document or agreement is genuine. Achieving preventive security is one of the main benefits of this professional for your business.
This is especially relevant in the submission of official documents to bodies such as the Mercantile Registry and financial institutions (for example, when seeking some type of financing). On the other hand, operating as a company also brings many advantages to the entrepreneur as it allows them to separate their personal assets from those of their business. In the case of an SL, with limited liability, their personal capital will only be exposed up to their share capital. This is very important if things do not go as expected.
The functions of the Notary for companies begin with the incorporation of the company.
The notarial function for companies begins from the first visit to a notary office for company incorporation. It originates from the legal route, so it is independent of its partners. For this, it is necessary that all the people who are going to have shares sign before a Notary depending on the capital contribution they have made.
This process can be carried out in person at the notary office, or electronically, with an electronic signature, without the need to travel, thanks to the 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. This law establishes that all commercial actions of companies can be carried out electronically and digitally, for the greater convenience of companies.
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. At JLA Notarios, in addition to having offices in Barcelona, we are an online Notary office. We are committed to technological innovation and offer you our virtual Notary office to facilitate your procedures from any location, allowing you to save time and money.
Services for companies
In addition to the incorporation of companies, the Notary also intervenes in the appointment or dismissal of the administrator or administrators and in the increases or reductions of share capital at the notary, which require the presence of a lawyer to be effective. It is essential to be able to give authenticity to these types of processes and avoid problems.
The amendments to the articles of association 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 society.
If you wish to learn more about Notaries, you can consult this related article:
We hope that this article about the functions of a Notary has been of interest to you. We invite you to contact us for any enquiries, either at our notary office, by writing to bcn@jlanotarios.com or through the contact form on our website.
