It is the notarial document that reflects the celebration of a draw and what happened in it, thus guaranteeing that the draw has been carried out in the manner and with the requirements that had been previously determined according to the rules of the draw.
This is a merely informative and non-binding estimate. This estimate is calculated based on two criteria: 1) our knowledge of the Notarial Tariff and 2) our daily experience in the preparation of this type of notarial document. (Royal Decree 1426/1989, November 17, 1989). and 2) our daily experience in the preparation of this type of notarial document. However, any variation (upward or downward) will be duly justified at the time of issuing the final invoice for the notarial service rendered.
A draw record is an instrument by means of which a Notary Public prepares a detailed record of the way in which a certain draw has been held, so that anyone, a posteriori, can verify that the draw has been held according to the rules previously determined by its organizers.
<ejemplo>Así pues, por ejemplo, si una empresa, como parte de su acción comercial o de marketing, sortea entre sus clientes un cheque regalo de 200 euros, para poder acreditar frente a cualquiera que dicho sorteo se ha realizado de forma legítima (y no de forma fraudulenta, por ejemplo asignando al premio a un familiar del propietario de esa empresa), puede requerir a un Notario a los efectos de otorgar un acta de sorteo, en la que dicho Notario recogerá la forma en la que se ha realizado el sorteo, dando así garantías de que el mismo se ha celebrado siguiendo las normas que previamente hubiere determinado esa empresa.<ejemplo>
As can be seen from what is indicated in the preceding question, by means of a draw record, the petitioners are able to accredit, before any person, the form and procedure that has been observed in the celebration of a draw, thus giving the possibility of verifying that the draw has been carried out in the form and with the procedure that, if applicable, had been previously determined by its organizers.
Thus, with this resource, it is evident that the organizers of any raffle manage to give it a patina of seriousness and guarantees, as it is carried out in an honest and clean way, without any suspicion of manipulation or fraud in the election of the winners.
In practice, this resource is very common:
The drawing of lots is actually very simple.
In practice, the client goes to the notary's office and requests the intervention of the Notary Public for the purpose of granting a draw certificate, and if the Notary Public accepts the request, a certificate is drawn up identifying the person requesting the draw and the fundamental characteristics of the draw.
Subsequently, the organizers of the draw carry out the draw in the manner they consider appropriate (with a computer program, with a "drum" of numerical balls, etc.), which will be witnessed by the Notary, leaving a record and detail of all this in the notarial act that is drawn up, for the purpose of accrediting the manner of holding the draw, as well as, if applicable, the identity of the winners.
The draw can be held at a location of the draw organizers' choice.
Thus, it may happen that this is held in the notary's own office, with which the Notary will not move and will detail the way in which the selection of the winners has taken place, according to what has happened in the room of his notary's office.
Or, on the contrary, the draw may be held in a place other than the notary's office, such as a municipal sports center(in the case of the draw for social rental housing), in which case it will be the Notary who will travel to the place in question and take the minutes of everything that takes place there.
Strictly speaking, the interested parties may choose any Notary Public for the drawing of lots, but nevertheless, if the drawing of lots is to be held outside the notary's office and the Notary Public must be present at the place in question, only a Notary Public with jurisdiction in the locality where the drawing of lots is to be held may be chosen.
As indicated above, the Notary Public who grants the draw certificate simply attests to the manner in which the draw has been carried out, detailing the entire process observed and identifying the winners who have been chosen.
However, as is logical, the Notary cannot attest that the election of said winners has been carried out without the use of any kind of deceitful or fraudulent artifice, so that, if this has happened, the parties who consider themselves harmed may take the appropriate legal action without any impediment whatsoever.
<ejemplo>Así pues, si se celebra un sorteo con un bombo de bolas numéricas, el Notario dará fe de que así se ha celebrado, del número de bolas introducidas en el bombo, y de las bolas que hubieran sido seleccionadas.<ejemplo>
<ejemplo>No obstante, si por ejemplo los organizadores han realizado alguna clase de artificio fraudulento para que las bolas ganadoras sean unas en concreto (como un sistema de imantación, etc.) ello es un extremo que el Notario no puede verificar y que, por supuesto, si hubiere sucedido, cualquier parte perjudicada podrá reclamar de la forma que corresponda en el caso concreto.<ejemplo>
In addition to the draw minutes, there also exists in notarial practice a case in which the organizer of a draw, in order to provide it with greater guarantees, prior to its celebration, proceeds to deposit its bases before a Notary, that is, he/she goes to a Notary to deliver a document containing all the rules that will be observed for the celebration of the draw, so that said Notary may incorporate them in his/her protocol.
With this protocolization act, the interested parties are able to publicize the rules that will govern their draw, thus providing them with greater guarantees with respect to third parties.
In fact, in order to provide greater guarantees to the deposit of draw bases before a Notary Public, the Spanish Notaries have created a telematic database, called ABACO (access to its website HERE) in which any interested party can access and consult the bases of draws that have been deposited before a Notary Public, so that any citizen can consult the rules that will govern a specific draw and, in view of them, decide to participate.
A document prepared by the promoter of the draw containing all the characteristics of the draw (property to be raffled, requirements of the candidates, draw procedure, etc.).
The place, date and specific time at which the Notary must appear in order to witness and attest to the terms and circumstances in which the draw in question has taken place must be provided.
IN OWN NAME:
The signatory must always appear at the notary's office with his/her ID card. In the case of a foreigner, he/she must present his/her passport and NIE, both originals and in force.
ON BEHALF OF A THIRD PARTY:
The signatory, in addition to appearing at the notary's office with his/her DNI, must present an authentic copy of the corresponding power of attorney.
ON BEHALF OF A COMPANY:
The signatory, in addition to appearing at the notary's office with his/her ID card, must provide the notary with the following documentation:
In the case of a foreign company, it will also be necessary to provide:
