Statement of Declarations

The statement deed before a Notary, also known as reference deed, is a legal instrument regulated in article 17 of the Notarial Law and in the Notarial Regulation.

The purpose of these records is to verify facts and record the statements and declarations of a person before a Notary that may be relevant for legal, family or patrimonial purposes.

Thus, statements can be made to reliably verify that a specific person made such a declaration. In them, the Notary merely records details and facts without asking questions or influencing the declaration, with the statement being certified in the name of the person making it. Having them made before the figure of the Notary allows them to obtain validity superior to that of recording them in a private document.

However, as can be inferred from the previous paragraph, there is no proof of truthfulness on the part of the Notary, since only the declaration is certified. As such, evidence related to the matter that demonstrates the truth of the declaration would have to be admitted. Thus, the record has a privileged evidential value, whereby the person making the declaration cannot retract or deny what was reflected, as well as certainty of the date on which the statement was made.

Furthermore, it is common for more than one person to participate in such a record. For this, they must attend the notary’s office and each declaration will be recorded and identified in the name of the person making it.

There are different reasons for drafting a statement report in the context of family, business relationships, and even property ownership. Often, we do not know in which areas they can be applied, so here are some examples. They can be used to:

• Gather data or information about an event or a meeting.
• Record agreements or decision-making.
• Declare the identity of people who have control of a company.
• Record facts to avoid future misunderstandings.
• Invitation reports for foreign family members.
• Confirm statements in conflictive relationships between parents and children.
• In travel, especially for foreigners, the statement report is common to regroup families with members abroad.
• For student visas.
• Prove a stable relationship (such as a civil partnership).
• Vehicle rehabilitations.
• Attribution of ownership or distribution when a lottery ticket is purchased by several people.

So, what are the most common types of statements records? Among the best-known types we find:

In them, an EU citizen wishes to reunite their family to live in Spain with them and be part of their family unit, so they may issue their certificate for this purpose. They must indicate the degree of kinship, reiterate their commitment to live together and support them.

It is used to record the intentions of a trip. It is common for minors travelling without the presence of parents or guardians. In it, the minor is authorised to travel alone as it is a document often required by immigration authorities or airlines. It is also common when travelling to meet family members in another country, for study or work reasons.

In this case, the cohabitation relationship is declared by a couple without having contracted marriage to prove their status as a civil partnership.

In companies, it is one of the most common statements and is used to indicate those shareholders who own 25% or more of the shares or stakes in a commercial company. This must be shown in different procedures such as signing policies or certain contracts or selling an asset of the company, among others.

When several people play the lottery together and buy one or more numbers, it is common for the participants or the person in charge of keeping the tickets to issue a record identifying the lottery number and the people participating in that number, in order to avoid future conflicts.

Below, we explain how to process a statement of declarations step by step:

The Notary is an impartial legal figure who, in the drafting of the statement deed, records the declaration and statement of the persons making it. His role endows the document with public faith, thereby obtaining accreditation through the statement of the deed.

However, the Notary does not attest to the truthfulness of the statement deed, as his function is simply to record the content, that is, certifying that the declarations have been made by the person making the statement on a specific date.

The Notary must record the declarations appropriately and using the same words expressed by the individual whenever possible. However, in the case of offensive or disrespectful expressions, he may attempt to modify them as they are contrary to public order.

The role of the Notary for the statement deed does not end here, but he must also warn of the possible legal, juridical, and economic consequences of what has been stated.

The first step will be to contact a notarial office in Barcelona, so please make an appointment with the Notary.

On the appointed day, present yourself along with the necessary documents to process it. We detail them below:

To process it on your own behalf:

• Valid identification document.

On behalf of commercial companies:

• Valid identification document of the representative.
• Company documentation.

Certificate of Real Ownership

The statement will be recorded in a notarial document which the client will review and verify to ensure that it correctly reflects what they wished to express. After this, both the client and the Notary will sign the record.

The public document is kept in custody by the Notary who authorises it, and an authentic copy will be prepared so that the client can use it or so that those with a legitimate interest may have access to it.