Notaries also attest to digitization

Updated:05/01/2022 03:10h
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In a few weeks, the bill will enter the Congress of Deputies.
Law of Digital Efficiency of the Public Service of Justice.
The text includes certain measures for the notarial field, and sources from the General Council of Notaries assure that "they are going to have a very important impact on the economy and the commercial world." The digitization of this sector is not something recent, it began in 2001 and notaries were among the first to work with electronic signatures. A network was created to unite with notarial associations, public administrations... until having the notarial electronic headquarters, a safe space where they carry out the notarial exchange.

For this activity, the future law will mean a great change since it is estimated that with it 40% of the services provided in a notary's office could be carried out without the need for physical displacement.

Some of the measures that are included are old proposals from the sector and the pandemic has ended up paving the way and highlighting the need for urgent changes. Three days after the State of Alarm began in Spain, Justice contacted the Notary with a clear request: “they needed that at least the ICO policies for the financing of SMEs could be intervened without the representative of the legal entity going to the notary”, they emphasize.

In four weeks, this body had developed the computer system necessary to carry out the request and the regulations were ready, but their approval was not possible. As these sources remind us, “the notary is a public official and everything is regulated and regulated. If there is no law that allows you to authorize a document without physically moving, it cannot be done.

Electronic support

Among the measures proposed by the Notary Public is the creation of an electronic protocol. «When there is a deed, it is signed on a paper support that is kept for 25 years in a notary's office and another 75 years must continue to be available. The content of any document that they make on paper is stored in the Single Computerized Index, within a period of 15 days, ”they indicate in the Notary. Since 2004, data from 43 million people has been stored and all of it is secure.

"Over the course of last year, the national security scheme was surpassed, a standard that brings together a series of technical standards with three types of levels: high, medium and low," they highlight. They have gone for the high level of security for everything that the notary does in the telematic field. Until now, in Spain only the National Police have a high level of security in the electronic DNI and Social Security for the payment of benefits and for the health field.

The planned measures will give a boost to the fight against money laundering

The second measure included in the draft bill is to ensure that everything related to the commercial world (creation or dissolution of a company, appointments...) can be done without going to a notary's office, without that physical displacement. In Spain there are around 420,000 seizures per year, so this measure will have a strong impact. There is only one case where it is not accepted, the so-called powers of ruin. How do you manage to carry out these procedures without having to be present? "We have developed the citizen's notarial portal through which some services are already provided and with the new law there will be many more," they indicate. Now you can make an appointment, receive advice with videoconference, receive simple copies of the deeds or send content to speed up procedures.

Free delivery of the electronic authorized copy is the third proposed measure. In the notarial world there is a simple copy, with informative value, and an authorized copy. Since 2001, the latter can be generated electronically but only from the notary to the judge, the public administration and the prosecutor. For many years this request could not be approved and now appears in the bill. It should be noted that the application creates a personal access space where electronic copies are kept. Last year, 768,000 documents with acts or business of a commercial nature were updated. "If they can be authorized electronically, it will be a catalyst for the economy because in the commercial world what is required is legal certainty and agility."

The fourth measure would be the telematic constitution of a company. In Poland there was an attempt in 2007 but it meant the entry of money laundering, so in a few months they retracted their decision. In the case of Spain, there is a very robust security system that will allow this step to be taken in a country where 90,000 limited companies are set up every year. And there is also a fifth proposal, in a way “the shell of all of the above”, and that is that the notarial electronic office is open to the general public and to SMEs.

against money laundering

The measures proposed by the notaries are going to help in the fight against money laundering where digitization "has not changed the schemes of these networks, but the speed with which they can be set up has changed and we need systems that are just as effective," explains Pedro Galindo, general director of the Centralized Prevention Body (OCP) of money laundering of notaries.

Remember that in Spain the fight against money laundering has been oriented in two directions. On the one hand, "in trying to find out who is behind a corporate vehicle" and, on the other, "in having controls for everything that is in public administration," he stresses. Galindo recalls that of every 100 communications they carry out, of suspicious operations, "80 end up before a judge."

A more accessible justice for the citizen

The Draft Law on Digital Efficiency of the Public Service of Justice was approved on October 21. Together with the Procedural Efficiency Law and the Organizational Efficiency Law, it constitutes the legislative base of the A digitizing impulse to finish burying the. This law aims to establish a legal framework that facilitates and promotes digitization, regulating digital services accessible to citizens, reinforcing legal certainty in the digital sphere and directing Justice systems to data.

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