Who is the notary

Notaries are State civil servants required to provide citizens with the legal certainty guaranteed by the Article 9 of the Spanish Constitution within the context of extra-judicial legal dealings. They are also legal professionals practising under the rules of competition. This dual status guarantees their independence.

You are entitled to select any notary you might prefer. Notaries compete with one another essentially on quality: look for the notary who best impartially advises you, and raise any queries that might occur to you. Notaries are required to advise you and provide the notarial services you request of them.

Highly skilled, notaries are approachable and impartial professionals who are there to help you, advise you and guarantee that your contract or transaction comply with the legality. Notaries guarantee legitimacy and security for both private individuals and for the State.

There are almost 3.000 notaries in Spain distributed throughout the country so as to guarantee service availability, even in very small towns, which means you will have no difficulty finding one close to your home or business office in whom to place your trust (consult the Notarial Guide). Notaries are organised into Colleges, which support them in their functions and also oversee their actions. The Chairmen of these Colleges make up the General Council of the Notariat, representing the group at the national level. In hierarchical terms, notaries are dependent on the Directorate-General for Registers and Notarial Affaires (DGRN) of the Ministry of Justice.

Make an appointment at a notary office to draw up the public instrument of sale for a property you plan to buy or sell, to issue a power of attorney, draw up a will, set up a company, establish a prenuptial agreement (regarding the married couple's assets) or any legal matter connected with private civil or commercial contracts, family life or inheritance. The notary will examine your case free of charge and advise you as to the best way of handling it, indicating the advantages and drawbacks of each option, and their final cost, including any taxes that you would be required to pay in each case.

Notaries are:

  1. Guarantee of certainty and legality: the notaries' purpose is to ensure that the contract, business or declaration complies with the legal requirements and is unimpeachable. The public deed is irrefutable in the presence of court: no one can question its veracity.
  2. Tranquility: signing any document before a notary offers the peace of mind that the transaction or contract is definitive, permanent and effective.
  3. Proximity: given their geographical distribution, you will always be able to find a notary close to you, and have total freedom of choice.
  4. A highly qualified professional: the access to the Notariat requires intense and thorough study, confirmed by means of a rigorous and objective selection process. Notaries constantly refresh their professional knowledge at the regional, national and international levels.
  5. Independence: notaries are only bounded by Law.
  6. Modernity: notaries aim to pursue progress and anticipate new social and technological demands, permanently adapting their functions in accordance with all innovations.
  7. Efficiency: the cost of notarial intervention is far lower than the social and economic costs that it avoids. Only a small part of what is paid at the notary office corresponds to the notary's own invoice. Most of the amount is a provision in order to cover costs, the fees of registrars and other expenses accruing that the notary pays on behalf of the client.
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